Cudahy Municipal Code Art. XIX Massage Establishments and Massage Technicians

Except where the context otherwise requires, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary:

(1) “Massage” shall mean any method of treating the external parts of the body for remedial, health, or hygienic purposes. “Massage” includes, but is not limited to, treatment by means of pressure, friction, stroking, kneading, rubbing, tapping, pounding; treatment by means of stimulating the external parts of the body with any mechanical or electrical apparatus or appliances, or with rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations; and treatment by means of baths – including, but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric or magnetic treatments, alcoholic rubs, or any other type of system for treating or manipulating the human body with or without the character of bath.

(2) “Massage establishment” shall mean any establishment having a fixed place of business where any person engages in, conducts, or carries on, or so licenses, any business of giving massage.

(3) “Massage technician” or “massage trainee” shall mean any person who administers to another person, for any form of consideration, a massage.

(4) “Employee” shall mean any and all persons, other than a massage technician, who renders any service to a massage establishment, and who receives compensation directly from the massage establishment licensee or his agent.

(5) “Recognized school of massage” shall mean:

(a) Any school or institution of learning which has been accredited or certified by the state of California and which teaches the theory, ethics, practice, profession, or work of massage, and which requires for graduation a resident course of study not less than 200 hours to be given in not less than six calendar months.

(b) Any school or institution of learning outside the state of California which teaches the theory, ethics, practice, profession or work of massage, which meets the minimum requirements set forth in Title 3, Division 21 of the California Administrative Code, and which has been approved by its State Board of Education.

Schools which offer a correspondence course not requiring attendance shall not be deemed a “recognized school of massage.”

The city shall have the right to confirm that the applicant has actually attended class in and graduated from a recognized school of massage. If the school or institution is located outside of California, the applicant shall include:

(a) A certified transcript of its record, including dates and courses, which shows the applicant completed the appropriate course of study; and

(b) A copy of the school or institution’s approval by its State Board of Education.

(6) “Out call massage service” shall mean any business which engages in or carries on massage and which business is not located at a fixed location but at a location designated by the customer or client. (Ord. 505 § 3. 2002 Code § 6-33.1).

The provisions of this article shall not apply to the following classes of person when engaged within the scope of their respective professional duties:

(1) Any person who is duly licensed, certified, registered, or otherwise authorized by the state of California to practice a healing art.

(2) Any person who is duly licensed by the state of California as a barber or cosmetologist. This provision shall apply solely to the massaging of the neck, face, scalp, hair, hands or feet.

(3) The medical staff or hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the state of California.

(4) Coaches and trainers of accredited high schools, junior colleges and of amateur, semi-professional or professional athletes or athletic teams. (Ord. 505 § 3. 2002 Code § 6-33.2).

No person shall engage in, conduct, or carry on, or so permit out call massage. (Ord. 505 § 3. 2002 Code § 6-33.3).

(1) Every person who engages in, conducts, or carries on, or so permits, a massage establishment shall first procure a license from the director:

(2) No person shall qualify for a massage establishment license who is not at least 18 years of age.

(3) No lot which is located within 1,000 feet of any other lawfully operating massage establishment or stress relief clinic or residential use shall be an eligible site for such an establishment. (Ord. 505 § 3. 2002 Code § 6-33.4).

(1) Each applicant for a massage establishment license shall apply under penalty of perjury to the director. An application for such a license shall be accompanied by a nonrefundable application fee of $100.00 to defray, in part, the cost of investigation.

(2) The application fee required under this article shall be in addition to any other fee required under any other section or subsection of this code.

(3) Submission of an application for a license does not authorize the applicant to operate a massage establishment.

(4) Every applicant for a license shall additionally supply the following information in writing to the sheriff’s department, accompanied by a nonrefundable fee of $50.00 to defray, in part, the cost of investigation:

(a) The date of the application.

(b) The applicant’s full true name, any other names used, date of birth, sex, height, weight, color of hair, color of eyes, California driver’s license number or California identification number, Social Security number, present residence address, and present residence telephone number. Additionally, the applicant shall, upon the request of the sheriff’s department, permit the sheriff’s department to take identifying photographs of the applicant and to record impressions of the fingerprints of the applicant.

(c) The applicant’s residences, and the dates thereof, for the five years preceding the date of the application.

(d) The applicant’s business, occupation, and employment history, and the dates thereof, for the five years preceding the date of application.

(e) The applicant’s entire license and license history, and the dates and types thereof, including any license or licenses issued by any agency, board, city, county, territory, or state. The applicant shall indicate whether any such license was revoked or suspended and, if so, the reasons.

(f) The applicant’s entire record of criminal convictions (except nonfelony traffic offenses) and ordinance violations, and the dates and places thereof.

(g) The proposed location of the business for which the license is sought.

(h) A complete description of all services to be provided at the massage establishment and any other business to be operated on the same or, when owned or controlled by the applicant, adjoining premises.

(i) The name, address and date of birth of each massage technician, aide, trainee, or employee who is or will be employed in the massage establishment.

(j) The name and address of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this article.

(k) Acceptable written proof that the applicant is at least 18 years of age.

(l) If the applicant is a corporation, its name exactly as shown in its articles of incorporation or charter, its state and date of incorporation, and the names and residence addresses of each of its current officers, directors, and any stockholders holding more than five percent of the corporation’s stock.

(m) If the applicant is a partnership, the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of subsection (4)(l) of this section pertaining to corporate applicants shall apply.

(n) If the applicant is either a corporation or partnership it shall designate on the application one of its officers or general partners as its responsible managing officer. Such person shall complete and sign all applicant forms required of an individual applicant under this article. Only one application fee shall be required.

The corporation’s or partnership’s responsible managing officer must at all times meet all of the requirements set for licenses by this article. If a violation of this duty should occur, the corporation or partnership license shall be suspended until a responsible managing officer who meets such requirements is designated. If no acceptable person should be found within 90 days of a violation, the corporation or partnership license shall be deemed canceled and a new initial application for license must be filed.

(o) Such other information as the sheriff’s department may require in order to discover the truth of the matters herein required to be set forth.

(5) The applicant shall notify and cause the Los Angeles County health department to inspect the premises sought to be licensed to ensure compliance with all applicable health laws.

If the health department determines that the premises are in full compliance, the applicant shall submit a copy of the health department’s report to the director. If the director does not receive such a report within 60 days of the date of filing, the application shall be deemed void; a new application shall be required with the payment of all associated fees.

All fees charged by the Los Angeles County health department shall be incurred by the applicant separately of any other fees or charges set forth in this article.

(6) The applicant shall submit any change of address which may occur during the procedure of applying for a massage establishment license to the director and to the sheriff’s department. (Ord. 505 § 3. 2002 Code § 6-33.5).

Subject to the exception below for partnerships, no massage establishment license may be sold, transferred, or assigned by the licensee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to be a voluntary surrender of the license and it shall thereafter be deemed terminated and void. If the licensee is a corporation, its massage establishment license shall be deemed terminated and void under this article when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license, or any stock authorized but not issued at the time of the granting of a license, is thereafter issued and sold, transferred, or assigned.

Notwithstanding the foregoing, if one or more partners of a partnership which is a licensee dies during the life of the license, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license; in such case, the licensee shall thereafter be deemed to be the surviving partner(s). (Ord. 505 § 3. 2002 Code § 6-33.6).

No person shall engage in, conduct, or carry on, or so license, any massage establishment unless each and all of the following requirements are met:

(1) Each person employed or acting as a massage technician shall have a valid license issued by the director. It shall be unlawful for any owner, manager, operator, responsible managing employee, or licensee in charge of or in control of a massage establishment to employ or license a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician license issued pursuant to this article.

The possession of a valid massage establishment license does not authorize the possessor to perform work for which a massage technician license is required.

(2) Massage and bath operations may be carried on or conducted, and the premises may be open, only between the hours of 7:00 a.m. and 10:00 p.m.

(3) A list of available services and the cost of such services shall be posted in an open public place within the premises and shall be described in readily understandable language. No owner, manager, operator, responsible managing employee, or licensee shall license, and no massage technician shall offer or perform, any service other than those posted.

(4) The massage establishment license and a copy of the license of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises.

(5) Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each customer, the name of the massage technician administering the treatment, and the type of treatment authorized and administered. The records shall be maintained for a period of two years.

Only those officials who are charged with enforcement of this article shall inspect these records and they shall not use any information contained therein for any purpose other than enforcement of this article.

No massage establishment licensee or massage establishment shall utilize the records in any manner or for any purpose which is unrelated to enforcement of this article.

(6) Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in cabinets. Towels and linens shall not be used on more than one customer or client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one customer or client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

(7) If male and female customers or clients are to be treated at the same time at a massage establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female customers. Each such separate facility or room shall be clearly marked as such.

(8) In any establishment in which massage services are rendered only to members of the same sex at any one time, the operators of the massage establishment may elect either to place such persons of the same sex in separate rooms or booths or in a single separate room. In either case, there shall be adequate ventilation to an area outside said room or booth while massage services are being performed.

(9) Wet heat rooms, dry heat rooms, steam rooms, vapor rooms, showers, bathrooms, cabinet rooms, and pools shall be thoroughly cleaned and disinfected as often as needed and at least once each day the premises are open with a disinfectant approved by the health department.

Bath tubs shall be thoroughly cleaned with a disinfectant approved by the health department after each use.

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

(10) Instruments utilized in performing massage shall not be used on more than one patron unless they have been properly sterilized.

(11) All employees, including massage technicians, shall at all times while on the premises of the massage establishment be clean and shall wear clean, nontransparent outer garments covering the body from knee to neck; the use of such garment shall be restricted to the massage establishment. Separate dressing rooms for each sex, equipped with individual lockers for each employee, shall be available on the premises.

(12) No persons shall enter, be, or remain in any part of a massage 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 licensee shall not license any person in violation of this section to enter or remain upon the premises.

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

(14) No massage establishment granted a license under this article may place, publish, or distribute, or so direct or license, any advertising matter which either depicts any portion of the human body or includes matter in its text which could be reasonably construed as suggesting to prospective customers or clients that any service is available other than massage or any other service which the massage establishment licensee is legally authorized to provide on the premises.

(15) No massage shall be given in a massage establishment within any cubicle, room, booth, or other area which is fitted with a door capable of being locked.

(16) All exterior doors shall remain unlocked during business hours from the interior side.

(17) No massage may be given unless the patron wears clothing which fully covers the patron’s genitals and, if the patron is female, breasts.

(18) No massage establishment may be open for business unless there is at least one massage technician holding a current, unrevoked license on the premises at all times.

(19) No persons other than the person receiving a massage and the administering massage technician may be within a room in a massage establishment wherein a massage is being given.

(20) The holder of a massage establishment license shall notify the director and sheriff’s department, in writing, of any change in information concerning the original application within 30 days of such change.

(21) The holder of a massage establishment license shall notify the director and sheriff’s department, in writing, of the name and address of each person employed as a massage technician subsequent to the issuance of the license within five business days of that person being employed. (Ord. 505 § 3. 2002 Code § 6-33.7).

In addition to any other requirements set forth in this code the facilities of every massage establishment shall meet the following requirements:

(1) At least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed.

(2) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

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

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

(5) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. This shall include a minimum of one tub or shower, a dressing room containing a separate locker (capable of being locked) for each patron, and a minimum of two toilets and two wash basins, one for males and one for females, located in separate rooms.

(6) A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees.

(7) A minimum of one separate wash basin which provides soap or detergent, and hot and cold running water at all times shall be provided in each massage establishment for the use of employees. Such basin shall be located within, or as close as practicable to, the area devoted to performing of massages services. Sanitary towels shall be provided at each basin.

(8) Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material acceptable to the Los Angeles County health department. (Ord. 505 § 3. 2002 Code § 6-33.8).

The director and representatives of the Los Angeles County health department shall have the right to periodically enter and inspect any massage establishment for the purpose of enforcing compliance with all applicable regulations and laws. (Ord. 505 § 11. 2002 Code § 6-33.9).

(1) No holder of a massage establishment license may relocate a massage establishment to another location within the city without first submitting to the director separate written statements signed by the city planner and a representative of the Los Angeles County health department which state that the proposed location and facilities comply with the provisions of this article.

(2) No holder of a massage establishment license may operate under any name not specified in the original license without first securing from the director a license which has been amended to record the change. (Ord. 505 § 3. 2002 Code § 6-33.10).

A licensee shall pay a renewal fee of $50.00 to the director to defray, in part, the cost of the investigation required by this article. (Ord. 505 § 12. 2002 Code § 6-33.11).

(1) Every person who engages in the business of a massage technician shall first procure a license from the director:

(2) No person shall engage in the business of a massage technician who has not graduated from a recognized school of massage.

(3) No person shall engage in the business of a massage technician who is not at least 18 years of age. (Ord. 505 §§ 3, 13. 2002 Code § 6-33.12).

(1) Each applicant for a massage technician license shall apply under penalty of perjury to the director. An application for such a license shall be accompanied by a nonrefundable application fee of $100.00 to defray, in part, the cost of investigation.

(2) The application fee required under this article shall be in addition to any other fee for a license or permit required under any other section or subsection of this code.

(3) Submission of an application for a license does not authorize the applicant to engage in the business of a massage technician.

(4) Every applicant for a massage technician license shall additionally supply the following information in writing to the sheriff’s department, accompanied by a nonrefundable application fee of $50.00 to defray, in part, the cost of investigation:

(a) The date of the application.

(b) Each and every fact set forth in CMC 5.08.1150(4). If certain required information is not applicable, the applicant shall so indicate.

(c) A diploma or certificate of graduation from a recognized school of massage.

(d) The full name, address and telephone number of the massage establishment at which the applicant will be employed. If, subsequent to the original application, the applicant seeks employment at a massage establishment other than that indicated thereon, the applicant shall submit another application stating the change. In such event, the applicant shall pay an additional application fee.

(e) Such other information as the sheriff’s department may require in order to discover the truth of the matters herein required to be set forth. (Ord. 505 § 3. 2002 Code § 6-33.13).

(1) Massage technicians shall at all times on the premises of the massage establishment be clean and wear nontransparent outer garments covering the body from knee to neck.

(2) No massage technician may perform any massage services in any location other than at a massage establishment holding a valid massage license.

(3) No massage technician may perform any massage services at any location other than that location specified on the massage technician’s license. (Ord. 505 § 3. 2002 Code § 6-33.14).

Every person who engages in the business of a massage technician shall first procure a license from the director:

(Ord. 505 § 3. 2002 Code § 6-33.15).