Compton Municipal Code § 9-15 Massage Establishments and Technicians

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 856.

[Ord. #2031, § 2]

a. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and massage technicians, as defined herein, in the interests of the public health, safety and welfare by providing certain minimum building, sanitation and health standards for massage establishments and by providing certain minimum qualifications for the operators of massage establishments and for massage technicians.

b. It is the purpose and intent of this section to address the negative impacts identified in the legislative findings to reduce or prevent neighborhood blight, to protect and preserve the quality of the City's neighborhoods and commercial districts, to protect the City's retail trade, to maintain property values, to protect and preserve the quality of urban life, to deter criminal activity, to enhance enforcement of criminal statutes relating to the conduct of operators and employees of the establishments and to promote the health, security and sanitation of customers.

c. It is the purpose and intent of this section to establish reasonable requirements and standards to ensure the protection of the health, safety and welfare of both customers and employees of massage establishments, to reduce the opportunities for acts of prostitution and other illegal activities from occurring in these establishments, to minimize confusion caused by misleading and deceptive advertising and to provide for effective utilization of public safety resources commensurate with the level of criminal activities.

[Ord. #2031, § 2]

As used in this section, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary.

APPLICANT

Shall mean any person who applies for a license to operate a massage establishment or a permit to act as a massage technician.

CHIEF OF POLICE

Shall mean the Chief of the Compton Police Department or designee, assistant or agent.

CITY

Shall mean the City of Compton and its representatives.

COUNCIL

Shall mean the City Council of the City of Compton.

LICENSE

Shall mean the business license to operate a massage establishment as required by this section.

LICENSEE

Shall mean the person to whom a license has been issued for the operation of a massage establishment and/or in matters of operation, administration, organization, record-keeping, monitoring or enforcement all designees, agents and employees.

MANAGERIAL PERSONNEL

Shall mean the designee(s) of the owner or operator responsible for managing the operation of the massage establishment, keeping records, supervising massage technicians and other employees and ensuring that the massage establishment conforms to the provisions of this section.

MASSAGE

Shall mean any method of treating any of the external parts of a person, including but not limited to rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet, elbows or any other part of the body, with or without the aid of any instrument or device and with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. The term "massage" shall include, but is not limited to, acupressure, shiatsu, alcohol rubs, Russian, Swedish or Turkish Baths, showers and other similar actions.

MASSAGE ESTABLISHMENT

Shall mean a place where massage is performed or offered. It includes any place, including a private club or organization, wherein any person engages in, conducts or carries on, or permits others to engage in, conduct or carry on, massages, baths or health treatments involving massage or baths as the principal functions.

MASSAGE TECHNICIAN

Shall mean any person who administers to another person a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure or other similar procedure.

MUNICIPAL CODE

Shall mean the Compton Municipal Code.

OPERATOR

Shall mean any person who manages or who is otherwise primarily responsible for the operation of a massage establishment, and shall include each and every person responsible for establishing personnel policy, hiring personnel, ensuring that the massage establishment complies with the requirements of this section and of other laws and of establishing and administering any and all policies established by the licensee for the operation of the massage establishment.

PERMIT

Shall mean the permit to engage in the activities of a massage technician as required by this section.

PERMITTEE

Shall mean the person to whom a permit has been issued for engagement in the activities of a massage technician.

PERSON

Shall mean any individual or combination of individuals, firm, association, partnership, corporation or joint venture and shall include owners, partners, whether full or limited, directors and stockholders of any of the foregoing.

RECOGNIZED SCHOOL OF MASSAGE

Shall mean any school or institution of learning which teaches the theory, ethics, practice, profession or work of massage, which school or institution complies with California Education Code Section 94310 or 94311 and which requires a resident course of study of at least 300 hours over a period of at least three months before the students shall be furnished with a diploma or certificate of graduation. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class shall not be deemed a "recognized school of massage."

[Ord. #2031, § 2]

a. It shall be unlawful for any person to operate or allow to be operated a massage establishment in or upon any premises within the City unless a valid business license shall have been issued for such operation in accordance with the provisions set forth in this section. All massage establishments shall be required to obtain any other licenses or permits required by local, state and federal law.

b. There shall be a maximum of one massage establishment license granted for every 30,000 residents within the City of Compton.

[Ord. #2031, § 2]

a. Application for a license to operate a massage establishment shall be made to the Chief of Police. A nonrefundable fee of $600 shall be required when the application is submitted. This fee shall be used to defray, in part, the costs of investigation and reports and is not made in lieu of any other fees or taxes required under the Municipal Code.

b. Submittal of an application does not authorize the operation of a massage establishment until such license has been granted.

c. Each application for a license shall include the following information:

1. The exact name, including any fictitious name, under which the massage establishment is to be operated.

2. The present or proposed address where the massage establishment is to be conducted.

3. A description of all service(s) to be provided.

4. The full name of all applicants, including maiden names, all married names, aliases, nicknames and any other names used.

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

6. If the applicant is a corporation, a certified copy of its articles of incorporation and any authorization to issue stock.

7. If the applicant is a partnership or limited partnership, a certified copy of the partnership agreement.

8. Each applicant, including officers, directors and/or stockholders holding 10% or more of the stock in the case of a corporate applicant, shall furnish the following information:

(a) The present and two previous residence addresses of each applicant.

(b) The names and present residence addresses of at least five bona fide residents of the state who will attest that each applicant is of good moral character.

(c) Written proof of the age of each applicant.

(d) Each applicant's height, weight, color of eyes and hair, driver's license number and Social Security number.

(e) The business, occupation or employment of each applicant for the five-year period immediately preceding the date of the application.

(f) Each applicant's business license history as it relates to massage establishments or similar businesses; whether the applicant has had such a license revoked or suspended in this or any other state and the reason therefor and the applicant's business activity or occupation subsequent to said suspension or revocation.

(g) A complete listing of any conviction, forfeiture of bond or plea of nolo contendere upon any criminal violation or City ordinance violation (except minor traffic violations) and the place and court in which such conviction, plea or forfeiture was heard, the specific charge and the sentence imposed as a result thereof.

(h) Whether the applicant has ever been convicted of any crime specified in Section 51032 of the California Government Code and, if so, the circumstances thereof and the sentence therefor.

(i) A statement that each applicant has read the provisions of this section, understands same and agrees to abide by all rules and regulations contained herein.

9. Concurrent with filing the application, each applicant shall be fingerprinted and photographed by the Chief of Police.

10. A complete plot plan and floor plan of the massage establishment showing the following information:

(a) A professionally prepared plot plan and floor plan drawn to 1/8 inch scale and 1/4 inch scale, respectively, showing all property boundary lines and off-street parking; and

(b) Location of all counters, equipment, partitions, sinks, plumbing, walls, electrical and any other alteration or improvements necessary for the operation of the massage establishment.

11. A map of the subject property and all properties within 1,000 feet of its exterior boundary. The map shall be drawn to scale and shall show all street names, lot lines and street addresses as well as the land use of each individual parcel.

12. A list of all businesses owned or controlled by each applicant within 1,000 feet of the massage establishment.

13. The name and residence addresses of the owner of the real property where the massage establishment is to be conducted; a copy of the lease or rental agreement if the applicant is not the legal owner and a notarized acknowledgment from the owner that a massage establishment will be located thereon.

14. A complete list of the names and residence addresses of all managerial personnel, massage technicians, employees and attendants at the massage establishment.

15. Authorization for the City to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of each applicant for the license.

16. Such other identification and information as may be necessary to verify the truth of the matters herein specified as required to be set forth in the application.

d. Falsification of any of the above information shall be deemed sufficient reason for denial of the application.

[Ord. #2031, § 2]

a. The Chief of Police shall have a reasonable time in which to investigate the license application and the background of each applicant and the premises for the protection of the public interests. The Chief of Police shall approve or deny the license application in the manner provided herein.

b. The Police Department shall conduct an investigation to verify the facts contained in the license application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the Chief of Police. The Building and Planning Department, the Fire Department and the Los Angeles County Health Department shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the Chief of Police concerning compliance with the provisions set forth in this section. The applicant shall pay all fees associated with the required inspections.

c. The Chief of Police shall notify the applicant of the approval or denial of the license application within 90 days of its submittal. The Chief of Police shall deliver the notification to the applicant by registered or certified mail at the address as shown on the license application. The foregoing ninety-day deadline is directory only; failure to meet such deadline shall not affect the power of the Chief of Police to deny or otherwise act on such license application.

d. In the event the license application is approved, the Chief of Police shall include an authorization to issue the business license to operate a massage establishment for submittal to the City Treasurer.

e. In the event the license application is denied, the Chief of Police shall include a statement of the grounds for the decision in the notice to each applicant, and each applicant shall have the right of appeal within the time limits set forth in Subsection 9-15.14.

[Ord. #2031, § 2]

a. The Chief of Police shall approve an authorization to issue the business license to operate a massage establishment if he finds:

1. The required fees have been paid;

2. The application conforms in all respects to the provisions set forth in this section;

3. The applicant has not made a material misrepresentation in the application;

4. The applicant has not been convicted of an offense specified in Section 51032 of the California Government Code;

5. The applicant has not had a massage establishment license or massage technician permit or similar license or permit denied or revoked for cause by the City or any other municipality located in or out of this state within five years prior to the date of this application, nor has the applicant or any employee of the applicant at a massage establishment operated by the applicant engaged in any actions which, had the applicant been operating under a license or permit, would have constituted grounds for revocation or suspension of such license or permit within five years of the date of the application. The Chief of Police may waive compliance with this paragraph for applications submitted under subsections 9-15.26 or 9-15.28;

6. The applicant is a minimum of 21 years of age;

7. The proposed massage establishment is not located within a 1,000-foot radius of any other massage establishment, any residentially zoned property, any church, school or park; and

8. The proposed massage establishment would comply with all applicable laws, including, but not limited to, building, fire, electrical, plumbing, health and zoning requirements and standards.

b. Failure to obtain the business license to operate a massage establishment within 180 days from the date the Chief of Police approved the authorization to issue the license shall result in its automatic expiration and a new application shall be required.

c. The City Treasurer shall issue the business license to operate a massage establishment if he finds:

1. The Chief of Police has authorized the issuance of a license and the authorization is current;

2. A certificate of occupancy for the proposed massage establishment location has been approved in accordance with § 30-33 of the Municipal Code; and

3. All required fees have been paid.

[Ord. #2031, § 2]

It shall be unlawful for any person to act as a massage technician unless a valid permit has been issued for such activity in accordance with the provisions set forth in this section.

[Ord. #2031, § 2]

a. Application for a permit to act as a massage technician shall be made to the Chief of Police. A nonrefundable fee of $300 shall be required when the application is submitted. This fee shall be used to defray, in part, the costs of investigation and reports and is not made in lieu of any other fees and taxes required under the Municipal Code.

b. Submittal of the application does not authorize performing as a massage technician until such permit has been granted.

c. Each applicant for a permit shall furnish all the information required by Subsection 9-15.4c8 and shall be fingerprinted and photographed by the Chief of Police.

d. In addition, each applicant shall furnish the following information:

1. A certificate from a medical doctor licensed to practice in the State of California stating, under penalty of perjury, that the applicant has been examined within 30 days immediately preceding the date of application and found to be free of any contagious or communicable disease of a type which could be transmitted as a result of performing the massage service.

2. A diploma or certificate of graduation from a recognized school of massage.

3. Proof that the applicant has qualified for, taken and passed the National Certification Examination given by the National Certification Board for Therapeutic Massage and Bodywork (NCETMB).

4. The name and address of the massage establishment at which the applicant proposes to work.

5. Such other identification and information as may be necessary to verify the truth of the matters herein specified as required to be set forth in the application.

e. Falsification of any of the above information shall be deemed sufficient reason for denial of the application.

[Ord. #2031, § 2]

a. The Chief of Police shall have a reasonable time in which to investigate the permit application and the background of the applicant for the protection of the public interests. The Chief of Police shall approve or deny the permit application in the manner provided herein.

b. The Chief of Police shall notify the applicant of the approval or denial of the permit application within 60 days of its submittal. The Chief of Police shall deliver the notification to the applicant by registered or certified mail at the address as shown on the permit application. The foregoing sixty-day deadline is directory only; failure to meet such deadline shall not affect the power of the Chief of Police to deny or otherwise act on such permit application.

c. In the event the permit application is approved, the Chief of Police shall include an authorization to issue a massage technician permit for submittal to the City Treasurer.

d. In the event the permit application is denied, the Chief of Police shall include a statement of the grounds for the decision in the notice to the applicant, and the applicant shall have the right of appeal within the time limits set forth in Subsection 9-15.14.

[Ord. #2031, § 2]

a. The Chief of Police shall approve an authorization to issue the permit to act as a massage technician if he finds that the applicant complies with all the requirements of Subsection 9-15.6a1 through 9-15.6a6 and in addition finds:

1. The applicant has furnished an acceptable medical certificate in compliance with Subsection 9-15.8d1;

2. The applicant has furnished an acceptable diploma or certificate of graduation from a recognized school of massage; and

3. The applicant has passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB).

b. Failure to obtain the permit to act as a massage technician within 180 days from the date the Chief of Police approved the authorization to issue the permit shall result in its automatic expiration and a new application shall be required.

c. The City Treasurer shall issue the permit to act as a massage technician if he finds:

1. The Chief of Police has authorized the issuance of a permit and the authorization is current; and

2. All required fees have been paid.

d. The permit shall include the name and address of the massage establishment listed in the permit application and shall only authorize the permittee to perform massage services at that massage establishment.

[Ord. #2031, § 2]

Every licensee and every person employed at a massage establishment including managerial and security personnel, clerks, attendants and massage technicians shall obtain a registration card, containing a current photograph, issued by the Chief of Police. The card shall be worn and plainly visible at all times the person is on the premises.

There shall be an initial fee of $75 for each registration card. The initial registration card fee shall be included in the application fee for licenses and permits.

All registration cards shall be renewed annually. There shall be a fee of $25 for the renewal or replacement of any registration card.

[Ord. #2031, § 2]

a. Every license to operate a massage establishment and permit to act as a massage technician shall be renewed annually in accordance with § 9-2 of the Municipal Code.

b. Thirty days prior to expiration of a license the licensee shall apply to the Chief of Police for renewal of the registration cards for all managerial and security personnel as well as all other employees who are not massage technicians.

c. Thirty days prior to expiration of a permit the permittee shall submit to the Chief of Police the following items:

1. A certificate from a medical doctor licensed to practice in the State of California stating, under penalty of perjury, that the permittee has been examined within 30 days immediately preceding the date the renewal request was submitted and found to be free of any contagious or communicable disease of a type which could be transmitted as a result of performing the massage service.

2. An update on the information contained in the original permit application setting forth any changes thereto.

3. An application for renewal of the permittee's registration card.

d. If the licensee or permittee has failed to submit the items required herein within 30 days following the annual anniversary date of the permit, then the underlying license or permit shall be null and void and shall automatically be revoked.

[Ord. #2031, § 2]

No massage technician trainee shall perform massages, baths or health treatments to or upon a member of the general public while on the premises of a licensed massage establishment.

[Ord. #2031, § 2]

a. In the event a license or permit application has been denied or a license or permit suspended or revoked the applicant shall have the right to appeal such decision to the Council. An appeal must be filed, in writing, with the City Clerk within 15 days after the notice of denial, suspension or revocation is sent by registered or certified mail to the applicant and shall state the grounds wherefore and wherein the Chief of Police failed to conform to the requirements of this section. An appeal which is not filed within the time prescribed or which does not set forth the grounds upon which it is based shall not constitute an appeal in compliance with this section.

b. Upon the receipt of an appeal from the action of the Chief of Police, the Council shall set the matter for a hearing and shall serve a notice of the time and place thereof by registered or certified mail at the address as shown on the appeal at least 15 days in advance of the hearing.

c. The Council may affirm the denial, revocation or suspension, or order the issuance or reinstatement of any license or permit upon adoption of findings in support of its decision. The determination of the Council shall be final.

[Ord. #2031, § 2; amended 10-26-2021 by Ord. No. 2339]

Every massage establishment shall maintain facilities meeting the following requirements:

a. Compliance with all Municipal Code requirements.

b. A minimum distance of 1,000 feet shall be maintained from any other massage establishment, residential zone, church, school or park.

c. Minimum ventilation shall be provided in accordance with the provisions of the California Building Code. To allow for adequate ventilation in cubicles, rooms and areas provided for patron use which are not serviced directly by required window or mechanical systems of ventilation, partitions shall be constructed so that their height does not exceed 75% of the floor-to-ceiling height of the area in which they are located.

d. Doors that are used to enter or exit a room to be used for performing massage shall not contain any locking mechanism.

e. All plumbing and electrical installation shall be installed under permit, shall be inspected by the Building Inspection Division of the Department of Building and Planning and shall conform to the Building, Plumbing and Fire Codes.

f. A recognizable and readable sign shall be posted at the main entrance identifying the premises as a massage establishment. All such signs shall comply with the sign requirements of the City and shall not imply that services other than those identified in Subsection 9-15.2 are available.

g. Minimum lighting shall be provided in accordance with the California Building Code, and at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed.

h. Adequate equipment for disinfecting and sterilizing instruments used in performing massage services shall be provided.

i. Massage tables shall be a minimum of 30 inches in height. Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material.

j. Closed cabinets shall be provided for the storage of clean linen.

k. Separate massage rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Dressing and toilet facilities shall be clearly marked for male or female patrons.

l. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. There shall be a minimum of one tub or shower. There shall be a dressing room containing a separate locker capable of being locked for each patron to be served. There shall be separate rest rooms for males and females, each having a minimum of two toilets and two washbasins.

m. The walls in all rooms where water or steam baths are given shall have washable, mold-resistant surfaces.

n. Clean and sanitary towels and linens shall be provided for each patron of the massage establishment receiving massage services. No common use of towels or linens shall be permitted.

o. A minimum of one separate washbasin shall be located within or adjacent to the area devoted to the performing of massage services and shall be provided with soap or detergent, hot and cold running water and single-serving, sanitary towels placed in permanently installed dispensers at all times.

[Ord. #2031, § 2]

Every massage establishment shall comply with the following requirements:

a. There shall be managerial personnel on the premises at all times the massage establishment is open for business. Managerial personnel must be familiar with the requirements of this section and be capable of communicating its provisions to employees and patrons. All managerial personnel must be capable of effectively communicating with any City official, employee or patron.

b. Each person performing massage shall have a valid, unrevoked permit to act as a massage technician issued by the City and it shall be unlawful for any managerial personnel to employ or permit a person to act as a massage technician who is not in possession of said permit.

c. Each massage establishment shall have at least one person who has a valid, unrevoked permit to act as a massage technician on the premises at all times while the massage establishment is open for business.

d. The operator of a massage establishment shall maintain a register of all persons employed as massage technicians and their permit numbers. Such register shall be made available for inspection by the City at any time during the massage establishment's business hours.

e. No massage establishment shall operate or conduct business between the hours of 9:00 p.m. to 7:00 a.m. All customers, patrons and visitors shall be excluded from the premises when the massage establishment is closed.

f. A list of services available and the costs of such services shall be posted in an open, public place on the premises. The list of services shall be in English and in readily understandable language and all letters and numbers shall be capitals not less than 1/2 inch in height. No managerial personnel shall permit and no massage technician shall offer to perform services other than those posted nor charge a price in excess of those posted for the provision of any service.

g. No massage establishment shall place, publish, distribute, disseminate or broadcast, or cause to be placed, published, distributed, disseminated or broadcast, any advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in Subsection 9-15.2, nor shall any massage establishment indicate in the text of any advertising that any service is available other than those services described therein.

h. All massage establishments shall provide clean and sanitary towels, sheets and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each patron and then discarded in a sanitary receptacle.

i. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms 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 Los Angeles County Health Department. Bathtubs shall be thoroughly cleaned with disinfectant approved by the Health Department after each use. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities of the massage establishment shall be in good repair and maintained in a clean and sanitary condition.

j. All employees and massage technicians shall perform all services on the premises in full outer garments. For the purposes of this section, the term "full outer garments" shall refer to the person being clothed in a fully opaque garment that covers all parts of the person's body from and including the top of the person's shoulders to a point no higher than one inch above the top of the knee.

k. No person shall enter, be in or remain in any part of a massage establishment while in possession of, consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. Managerial personnel shall not allow any such person to enter or remain upon such premises.

l. No massage establishment shall operate a school of massage nor use the same facilities as that of a school of massage. It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee or student of the school. A dummy may be used.

m. No managerial personnel shall allow any person to touch the genitals of another person during the performance of any massage service.

n. No massage technician shall touch the genitals of another person during the performance of any massage service.

o. Due to the requirement and need for accountability in the performance of massage, it shall be unlawful for any massage establishment to permit a massage technician to provide massage services within the establishment unless that massage technician is an employee directly accountable to the licensee.

p. The violation upon the premises of any massage establishment of any provision of this section by any person shall constitute a violation by the licensee.

[Ord. #2031, § 2]

The license to operate a massage establishment and all permits to act as a massage technician shall be displayed in a conspicuous place so that the same may be readily seen by persons entering the massage establishment premises. In addition, all managerial personnel, all massage technicians and any other employees shall wear, whenever they are on the premises, the registration card issued by the Chief of Police.

[Ord. #2031, § 2]

No licensee shall operate under any designation not specified in the license.

[Ord. #2031, § 2]

The Chief of Police may approve a change in the location of a license to operate a massage establishment or a permit to act as a massage technician provided the change complies with the provisions of subsections 9-15.6, 9-15.10 and all other applicable ordinances and regulations of the City. There shall be a change of location fee of $200 for licenses and $100 for permits.

[Ord. #2031, § 2]

Licenses and permits are nontransferable. Any effort to transfer, sell or hypothecate a license or permit shall render it null and void.

[Ord. #2031, § 2]

The Chief of Police and any and all investigating officials of the City shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations.

[Ord. #2031, § 2]

Each and every patron shall be required to supply reliable verification of his or her identity. Every licensee shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the massage technician administering such treatment. Said record shall be open to inspection by officials of the City charged with the enforcement of these provisions and shall be maintained for a period of two years. The information furnished or secured as a result of any such record shall be used only to ensure and enforce compliance with the Municipal Code and other applicable laws and shall otherwise be confidential. Any unauthorized disclosure or use of such information shall constitute a misdemeanor and shall be subject to the penalty provisions of this section in addition to any other penalties provided by law.

[Ord. #2031, § 2]

The licensee shall maintain and make available to the Chief of Police, upon request, ledger books, daily journals and other accounting records which truly and correctly show the income, expenses and distribution of all profits, if any, pertaining to the massage establishment. The purpose of the foregoing is to provide the City with a means to determine whether or not there has been a transfer of any interest in the massage establishment and to determine the identity of any and all persons that own an interest therein. The Chief of Police may require such other financial information and records to effectuate this purpose. Additionally, the foregoing financial records shall be provided to the Chief of Police when a previously existing massage establishment applies for licensing, renewal or relocation.

[Ord. #2031, § 2]

a. The Chief of Police may suspend or revoke any license or permit at any time upon a determination of any of the following:

1. There has been a failure to fully comply with the provisions of this section, any requirement or condition imposed by the Chief of Police or any law of the State of California regulating massage establishments or massage technicians;

2. There has been a material false statement made in the application;

3. There has been a transfer of an ownership interest in the massage establishment;

4. There has been false, misleading or deceptive advertising as specified in this section;

5. There has been a failure to correctly keep and make available for inspection the records and documents specified by this section;

6. The license or permit was used for a different purpose than that for which it was issued or in violation of this section; or

7. The licensee, applicant, managerial personnel, operator or massage technician has been convicted of any crime specified in Section 51032 of the California Government Code.

b. Notice of a decision to suspend or revoke a license or permit shall be given in writing. The notice shall be delivered by registered or certified mail to the licensee or permittee at the address shown on the license or permit application.

c. The licensee or permittee may appeal the action by the Chief of Police within 15 days in accordance with the provisions of Subsection 9-15.14.

d. Any suspended license or permit must either be reinstated or revoked by the Chief of Police within 90 days after the date of suspension thereof.

[Ord. #2031, § 2]

Each licensee or permittee shall immediately surrender his or her license or permit to the Chief of Police upon its revocation or suspension.

[Ord. #2031, § 2]

No person may apply for a license or permit under this section within one year from the denial of a license or permit to such applicant or within one year from the revocation of a license or permit issued to such licensee or permittee, unless the cause of denial or revocation has been cured to the satisfaction of the Chief of Police or the Council.

[Ord. #2031, § 2]

Upon the sale or transfer of any interest in a massage establishment the license issued pursuant to this section shall be null and void unless the sale or transaction is to an applicant shown on the application for the license pursuant to which the massage establishment was operated. A new application under this section shall be made by any person desiring to own or operate such massage establishment.

[Ord. #2031, § 2]

Any massage establishment and all persons who had been engaged in performing massages and had been licensed prior to the effective date of this section shall have 90 days to comply with all application and other requirements of this section. Any previously existing massage establishment located within 1,000 feet of any other massage establishment, residential zone, church, school or park shall be permitted to apply for that location and, if a license is approved, remain thereon for a period of three years, at which point it must relocate in accordance with the locational standards contained in subsections 9-15.6a7 and 9-15.5a.

Failure to submit an application for a massage establishment license or massage technician permit or failure to comply with subsections 9-15.8 through 9-15.23 within the ninety-day compliance period shall render any previously issued license or permit automatically null and void. Denial of an application for a massage establishment license or massage technician permit shall likewise render any previously issued license or permit automatically null and void.

[Ord. #2031, § 2; Ord. #2100, § b1]

a. This section shall apply to all facilities at which massage services are performed and all persons performing massage services unless specifically exempted herein.

b. Subsection 9-15.7 shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions and while performing activities encompassed by such professional licenses:

1. Physicians, surgeons, chiropractors, osteopaths and physical therapists who are duly licensed to practice their respective professions in the State of California.

2. Health care professionals licensed by the State of California to provide services or treatments included in the term "massage" as herein defined.

3. Nurses registered under the laws of the State of California.

4. Coaches and trainers in accredited high schools, junior colleges and colleges or universities acting within the scope of their employment.

5. Barbers and beauticians who are duly licensed under the laws of the State of California but only when lawfully engaged in providing the professional services performed pursuant to such licenses.

c. Subsection 9-15.3 shall not apply to the following classes of facilities:

1. The offices of licensed physicians, surgeons, chiropractors, osteopaths, physical therapists or other health care professionals licensed by the State of California that employ a maximum of one massage technician to provide massage services while such licensed medical or health care professional is on the premises, the services are performed under direct supervision and medical recommendation and the massage technician has obtained a permit in accordance with this section.

2. The premises of a bona fide, licensed barber shop or beauty parlor that employs a maximum of one massage technician to provide massage services while the business is open to the public for nonmassage services and provided the massage technician has obtained a permit in accordance with this section.

3. Hospitals, nursing homes, sanatoria or other health care facilities duty licensed by the State of California.

d. Section 9-15 of this chapter shall not apply to a licensed health club or health spa that operates as an accessory to a hotel with more than 150 rooms and that only offers massage services in the health club or health spa or within publicly accessible areas of the hotel.

[Ord. #2031, § 2]

a. It shall be unlawful for any person to violate any of the provisions of this section or any of the rules and regulations set forth, established or promulgated hereunder.

b. Any violation of this section shall constitute full and sufficient grounds for the suspension or revocation of a license to operate a massage establishment or a permit to act as a massage technician at the sole discretion of the Chief of Police.

c. Any failure or refusal of any person to allow premises inspections or to make immediately available for inspection the records and documents specified by this section upon demand by the Chief of Police during the operating hours of any massage establishment shall be a violation of the provisions of this section and shall be grounds for suspension or revocation of the license.

d. Any violation of this section is a misdemeanor and shall be punishable by a fine of $1,000 or imprisonment for a term not to exceed six months or both.

e. Any massage establishment operated contrary to the provisions of this section shall be and the same is declared to be unlawful and a public nuisance. In addition to any other penalty provided by law, the City Attorney may commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law, and the City Attorney shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating a massage establishment contrary to the provisions of this section.

[Ord. #2031, § 2]

Nothing in this section shall be construed to modify, repeal or affect the zoning laws of the City.