Cudahy Municipal Code Art. XX Stress Relief Establishments and Stress Relief Therapists

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) “Stress” shall mean any physical, mental, emotional, or spiritual condition or state to which a person fails to satisfactorily adapt, causing adverse physiologic reaction(s). Symptoms of such reaction include, but are not limited to, nervousness, anxiety, headaches, insomnia, depression, dizziness, digestion problems and aches and pains.

(2) “Stress relief therapy” shall mean any method administered through written, verbal, or other nonphysical communication whose stated or advertised purpose is the diagnosis, prevention, treatment, or amelioration of stress and its ill effects.

(3) “Stress relief establishment” shall mean any establishment having a fixed place of business where any person engages in, conducts, or carries on, or so permits, any business of given stress relief therapy.

(4) “Stress relief therapist” shall mean any person who administers stress relief therapy to another person for any form of consideration.

(5) “Employee” shall mean any person, other than a stress relief therapist, who renders any service to a stress relief establishment, and who receives compensation directly from the stress relief establishment licensee or his agent.

(6) “Out call stress relief therapy” shall mean any business which engages in or carries on stress relief therapy and which business is not located at a fixed location but at a location designated by the customer or client.

(7) “Massage” shall mean any method of treating the external parts of the body for remedial health, or hygienic purposes as further defined in CMC 5.08.1110. (Ord. 505 § 3. 2002 Code § 6-34.1).

The provisions of this article shall not apply to the following classes of persons 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) The medical staff of hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California. (Ord. 505 § 3. 2002 Code § 6-34.2).

No person shall engage in, conduct, or carry on, or so permit, out call stress relief therapy. (Ord. 505 § 3. 2002 Code § 6-34.3).

No stress relief establishment licensee shall cause or permit any stress relief therapist to utilize any technique of massage when administering stress relief therapy unless such licensee additionally possesses a massage license for the premises issued by the city and such stress relief therapist possesses a massage technician license issued by the city. (Ord. 505 § 3. 2002 Code § 6-34.4).

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

(2) No person shall qualify for a stress relief 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 stress relief clinic shall be an eligible site for such an establishment. (Ord. 505 §§ 3, 14. 2002 Code § 6-34.5).

(1) Each applicant for a stress relief establishment license shall apply under penalty of perjury to the director. The application for such a license shall be accompanied by a nonrefundable fee of $50.00 to defray, in part, the cost of investigation. This fee shall be in addition to any other fee required under any other chapter or section of this code.

(2) Submission of an application for a license does not authorize the applicant to operate a stress relief establishment.

(3) 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 submit two photographs of the applicant to be taken by the sheriff’s department and, if required by the director, the applicant must furnish their fingerprints.

(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 permit and license history, and the dates and types thereof, including any permit or license issued by any agency, board, city, county, territory, or state. The applicant shall indicate whether any such permit or license was revoked or suspended and, if so, the reasons for such revocation or suspension.

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

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

(h) The name, address, and date of birth of each stress relief therapist and each employee who is or will be employed in the stress relief establishment.

(i) The name and address of any stress relief establishment or other like establishment, including, but not limited to, massage establishments, owned or operated by any person whose name is required to be given pursuant to this article.

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

(k) 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.

(l) If the applicant is a partnership, the name and residence addresses 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 (3)(k) of this section pertaining to corporate applicants shall apply.

(m) 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 application 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 licensees 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.

(4) The applicant, or, if the applicant is a partnership or corporation, its designated responsible managing officer, shall personally appear at the sheriff’s department and produce proof that the application fee has been paid and shall present the application containing the information as required by this article.

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

(6) The applicant shall submit any change of address which may occur during the procedure of applying for stress relief establishment license. (Ord. 505 §§ 3, 21. 2002 Code § 6-34.6).

Subject to the exception below for partnerships, no stress relief 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 stress relief 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 § 6-34.7).

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

(1) Each person employed or acting as a stress relief therapist 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 stress relief establishment to employ or permit a person to act as a stress relief therapist who is not in possession of a valid, unrevoked stress relief therapist license issued pursuant to this article.

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

(2) Stress relief therapy 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 permit, and no stress relief therapist shall offer or perform, any service other than those posted.

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

(5) Every stress relief 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 stress relief therapist 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 stress relief establishment licensee or stress relief establishment employee shall utilize the records in any manner or for any purpose which is unrelated to enforcement of this article.

(6) All employees, including stress relief therapists, shall at all times while on the premises of the stress relief 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 stress relief establishment. Separate dressing rooms for each sex, equipped with individual lockers for each employee, shall be available on the premises.

(7) No persons shall enter, be, or remain in any part of a stress relief 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 permit any person in violation of this section to enter or remain upon the premises.

(8) No stress relief establishment licensee may place, publish, or distribute, or so direct or permit, 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 those stress relief therapy and any other services which stress relief establishment licensee is legally authorized to provide on the premises.

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

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

(11) No stress relief therapy may be administered unless the patron wears clothing which fully covers the patron’s genitals, and if the patron is female, breasts.

(12) No stress relief establishment may be open for business unless there is at least one stress relief therapist holding a current, unrevoked license on the premises at all times.

(13) No persons other than the person receiving stress relief therapy and the administering stress relief therapist may be within a room in a stress relief establishment wherein stress relief therapy is being administered.

(14) The holder of a stress relief establishment license shall notify the director, in writing, of any change in information concerning the original application within 30 days of such change.

(15) The holder of a stress relief establishment license shall notify the director, in writing, of the name and address of each person employed as a stress relief therapist subsequent to the issuance of the license within five business days of that person being employed. (Ord. 505 § 3. 2002 Code § 6-34.8).

The director and representatives of the Los Angeles County health department shall have the right to periodically enter and inspect any stress relief establishment for the purpose of enforcing compliance with all applicable regulations and laws. (Ord. 505 § 15. 2002 Code § 6-34.9).

(1) No holder of a stress relief establishment license may relocate a stress relief establishment currently within the city to another location within the city without first securing separate written statements signed by the director and by the city planner which state that the proposed location and facilities comply with the provisions of this article.

(2) No holder of a stress relief 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 § 6-34.10).

A licensee shall pay a renewal fee of $25.00 to the director to defray, in part, the cost of investigation required by this article. (Ord. 505 § 3. 2002 Code § 6-34.11).

(1) Every person who engages in, conducts, or carries on the business of a stress relief therapist shall first procure a license from the director:

(2) No person shall qualify for a stress relief therapist license who is not at least 18 years of age. (Ord. 505 §§ 3, 16. 2002 Code § 6-34.12).

(1) Each applicant for a stress relief therapist license shall apply under penalty of perjury to the director. The application for such a license shall be accompanied by a nonrefundable application fee of $50.00 to defray, in part, the cost of investigation. This application fee shall be in addition to any fee required under any other section or subsection of this code.

(2) The application for a license does not authorize the applicant to engage in the business of a stress relief therapist until such license has been granted.

(3) 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) Each and every fact set forth in CMC 5.08.1310(3). If certain required information is not applicable, the applicant shall so indicate.

(c) Whether the applicant currently possesses or has applied for a massage technician license.

(d) The full name, address and telephone number of the stress relief establishment at which the applicant will be employed. If, subsequent to the original application, the applicant seeks employment at a stress relief 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. (Ord. 505 § 3. 2002 Code § 6-34.13).

(1) Stress relief therapists shall at all times on the premises of the stress relief establishment be clean and wear nontransparent outer garments covering the body from knee to neck.

(2) No stress relief therapist may perform any stress relief therapy services in any location other than at a stress relief establishment holding a valid stress relief therapy license.

(3) No stress relief therapist may administer stress relief therapy at any location other than that location specified on the stress relief therapist’s license. (Ord. 505 § 3. 2002 Code § 6-34.14).

A licensee shall pay a renewal fee of $25.00 to the director to defray, in part, the cost of investigation required by this article. (Ord. 505 § 3. 2002 Code § 6-34.15).