Culver City Municipal Code Ch. 11.07 Massage Establishments

The City Council finds and declares as follows:

A. The City is authorized, by virtue of the Constitution of the State of California, Cal. Gov’t Code §§ 51030 et seq., and Bus. & Prof. Code §§ 4600 et seq., to regulate massage establishments by imposing reasonable standards for, and conditions on, the lawful operation of massage establishments.

B. The regulations imposed by this Chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Culver City, as well as to safeguard against illicit activities.

C. The regulations and restrictions contained in this Chapter are intended to discourage massage establishments from becoming fronts for illicit activities, and the means utilized in this Chapter bear a reasonable and rational relationship to the goals sought to be achieved.

D. There is a significant risk of injury to massage clients by improperly trained massage therapists, and this Chapter provides reasonable safeguards against injury and economic loss.

E. The regulations contained in this Chapter provide comprehensive regulations for the establishment, use and operation of businesses offering massage services in the City of Culver City, so that the public health, safety and welfare remain protected, while simultaneously being consistent with California law.

(Ord. No. 2016-009 § 2 (part))

For the purpose of this Chapter, the following definitions shall apply:

APPLICANT. Applicant shall include any individual or entity applying for a permit under this Chapter, including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.

BUSINESS TAX CERTIFICATE. The certificate issued by the City's Tax Collector after payment of the business tax fee as set forth in Chapter 11.01 of the City of Culver City Municipal Code. The term LICENSE is synonymous and interchangeable with the term BUSINESS TAX CERTIFICATE.

CITY. City of Culver City, California.

CITY MANAGER. City Manager of the City of Culver City, or his or her designee.

CODE. The City of Culver City Municipal Code, and any other ordinances, resolutions, and regulations adopted therein.

COUNTY. County of Los Angeles, California.

EMPLOYEE. Each person who renders any service, with or without compensation, for the owner, permittee, or agent of either an owner or permittee of a massage establishment. For purposes of this Chapter, the term EMPLOYEE shall include part-time, full-time, temporary, or permanent employees.

LOBBY. One room or designated area, adjacent to a public entry, which is used for an entry or waiting room for customers or other persons authorized to enter the premises.

MANAGER. Any person(s) designated by the massage establishment to act as the representative or agent of the massage establishment in managing day-today operations with corresponding liabilities and responsibilities, and/or the person in apparent charge of the premises where the massage establishment is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies.

MASSAGE. Any method of manipulating the soft tissues of the human body for remedial, health, hygienic, relaxation or any other reason or purposes, whether by means of pressure, acupressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, stimulating, or any other manner of touching the external parts of the human body with the hands, or with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice, type of business or trade. MASSAGE TREATMENT, MASSAGE SERVICE, and MASSAGE ACTIVITY are included within this definition for purposes of this Chapter.

MASSAGE CERTIFICATE. A certificate to practice massage, issued by the California Massage Therapy Council (CAMTC) pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions).

MASSAGE ESTABLISHMENT. Any business or enterprise having a fixed place, facility or location of business conducted within the City of Culver City, where any person, firm, association, partnership, limited liability company, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage, bath, or health treatment involving massages or baths including, but not limited to, fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

MASSAGE ESTABLISHMENT PERMIT. The permit issued pursuant to the provisions of this Chapter required to operate or manage a massage establishment.

MASSAGE ROOM. A cubicle, booth, room, or enclosed or semi-enclosed area within a massage establishment where massage services are performed on patrons.

MASSAGE TECHNICIAN. Any person who administers to another person a massage as defined herein, within a massage establishment or off-premises, for any form of consideration or in exchange for anything of value whatsoever. The terms MASSAGE THERAPIST, MASSAGE PRACTITIONER, MASSAGE TRAINEE, MASSEUR, or MASSEUSE are included within this definition for purposes of this Chapter.

OFF PREMISES. A massage performed or administered for money or other consideration by a massage technician with a massage certificate at a location other than a massage establishment with a permit.

OWNER. All persons who have any ownership interest in a massage establishment. An owner shall also mean the individual(s) or entity whose name appears on the City Business Tax Certificate or massage establishment permit.

PERMIT ADMINISTRATOR. The Chief Financial Officer of the City of Culver City, or his or her designee, or other person designated by the City Manager.

PERMITTEE. Any person or entity to whom a current and valid City-issued massage establishment permit has been issued.

PERSON. Any natural person, individual, or corporation, limited liability company, partnership, association or other group, or combination of individuals and/or groups, acting as an entity.

RESPONSIBLE PERSON. All owners of the massage establishment, including all officers, directors, managers, partners and all other persons with authority, including apparent authority, over the premises of the massage establishment.

SPECIFIED ANATOMICAL AREAS. Any of the following human anatomical areas: genitals, pubic regions, anuses, and female breasts below a point immediately above the top of the areola.

(Ord. No. 2016-009 § 2 (part))

Except as otherwise provided herein, it shall be unlawful for any person to engage in, conduct or carry on, or to cause, allow, or permit, the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining a current and valid massage establishment permit pursuant to the provisions of this Chapter, and complying with all other applicable provisions of this Code, including but not limited to, securing the necessary Business Tax Certificate as required by Chapter 11.01 of this Code.

(Ord. No. 2016-009 § 2 (part))

A. No person shall perform, administer or practice massage, or advertise to provide massage services in the City, without first obtaining a current and valid massage certificate issued by the California Massage Therapy Council (CAMTC) pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions).

B. All persons who have been issued a current and valid massage certificate and who provide a massage to the public in the City for any form of compensation, and who are not employed by, or affiliated with, a massage establishment but provide off-premises massage services, as defined in this Chapter, shall also apply for and obtain a current and valid Business Tax Certificate as required by Chapter 11.01 of this Code.

(Ord. No. 2016-009 § 2 (part))

The requirement to have a current and valid massage establishment permit or a massage certificate shall not apply to the following classes of individuals, and no massage establishment permit or massage certificate shall be required of such persons, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California. This exemption only applies if the massage is performed by the licensed professional or by a staff member of said licensed professionals in the course of treatment prescribed by said professional and only when the prescribing professional is present on the premises.

B. Nurses who are registered or licensed as such under the laws of the State of California, and who are under the direct supervision of a state licensed physician, surgeon, chiropractor or osteopath.

C. Barbers, beauticians, and manicurists who are duly licensed under the laws of the State of California while engaging in the practice within the scope of their respective licenses, except that this exemption applies solely for the massaging of the neck, face or scalp of the customer or client of said barber or beautician or in the case of a licensed manicurist, the massaging of the forearm, hands, calves or feet.

D. Coaches and trainers while acting within the scope of their employment at an accredited high school, junior college, college or university.

E. Trainers of amateur, semi-professional or professional athletes or athletic teams while acting within the scope of their role as trainer.

F. Acupuncturists who are duly certified to practice their profession in the State of California. This exemption herein only applies if the massage therapy is performed by the licensed acupuncturist professional to the treated portion of the patient's body. If a duly licensed acupuncturist wishes to provide massage therapy by another individual(s), said individual(s) must obtain and possess a current and valid massage certificate and the acupuncturist office must obtain a massage establishment permit form the City of Culver City in compliance with all codes and the California Acupuncture Board.

G. Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California.

(Ord. No. 2016-009 § 2 (part))

A. Any person seeking to obtain a permit to operate a massage establishment shall submit a written application, signed under penalty of perjury to the City using a form adopted by the City for that purpose. The application shall be accompanied by a nonrefundable filing fee established by resolution of the City Council to defray the cost of the investigation required by this Chapter. The filing fee due under this section shall be paid in full regardless of the duration for which the permit may be valid.

B. The application shall be completed and signed by the applicant(s). If the applicant is not a natural person, it shall be signed by a representative authorized to act on behalf of the entity in accordance with Subsection E.1.b. of this section.

C. The application and fee required pursuant to this section shall be in addition to any other license, permit, or fee required by any other section or chapter of this Code or ordinance hereafter adopted.

D. The submittal of an application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly granted by the City, nor does the possession of a current and valid permit authorize the possessor of the permit to perform work for which a massage certificate is required.

E. The application for a massage establishment Permit shall contain or be accompanied by the following information for the applicant and for each responsible person whenever required of the applicant:

1. The type of ownership of the business (i.e., individual, partnership, corporation, limited liability company or otherwise):

a. If the applicant is not a natural person, the name of the entity shall be set forth exactly as shown in its operative governing documents, including any partnership agreement, limited partnership agreements, articles of incorporation, limited liability company statement, and as reflected in any filing or recording with a public agency, including the California Secretary of State and the county recorder's office, including any fictitious business statement, together with the state and the date of formation or registration, and the legal names and residence addresses of each of its officers, directors, members, partners, principals, and each shareholder or interest holder holding more than five percent (5%) of the stock of the applicant. A copy of the certificate, registration or other official form issued by the governing agency shall be provided with the application.

b. An applicant shall designate one of its owners, officers, directors, managers or general partners to act as its designated authorized officer. Such person shall complete and sign all application forms required for an applicant under this Code, but only one application fee shall be charged. No change of a designated authorized officer shall be effective until and unless a change application is filed with the City to change the authorized officer and is approved by the Permit Administrator, but no additional inspection shall be necessary. The designated authorized officer must at all times meet all of the requirements established by this Chapter. A permit may be suspended by the Permit Administrator immediately in the event that the designated authorized officer is not in compliance with all requirements of this Chapter. The suspension shall continue until the authorized officer is in compliance, as confirmed in writing by the Permit Administrator, or a new authorized officer is designated and approved by the City. If no such approval is issued within ninety (90) days of the suspension, the permit is deemed canceled, unless extended by the Permit Administrator in writing, at the Permit Administrator's discretion. A new initial application for permit must be filed, together with the payment of fees applicable thereto, and a permit issued before the massage establishment may commence operating.

2. The true, full, and precise name under which the massage establishment is to be conducted.

3. The proposed address where the massage establishment is to be located, along with all telephone numbers for the massage establishment.

4. The proposed hours of operation.

5. A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees, independent contractors, and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten (10) calendar days prior to opening for business. True and correct copies of massage certificates for each proposed massage technician shall be submitted with the application.

6. The name, residence addresses, and telephone numbers of all managers as defined in this chapter.

7. A description of any other businesses to be operated on the same premises as the proposed massage establishment, or within the city or the state, which is owned or operated by the applicant.

8. The name and address of the owners and lessors of the real property where the proposed massage establishment 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 affidavit from the owner of the property acknowledging that a massage establishment may be located at the designated premises.

9. The complete business, occupation and employment history for eight (8) years preceding the date of the submittal of application for the applicant,

responsible persons and managers, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant, responsible persons and managers to operate such a business.

10. The complete massage permit history for the applicant, responsible persons and managers; whether such person(s) have ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant, responsible persons or managers has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason thereof.

11. All criminal convictions of the applicant, responsible persons or managers, including pleas of nolo contendere, within the last ten (10) years including those convictions dismissed or expunged pursuant to Cal. Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction.

12. A complete set of fingerprints (Live Scan) taken by the City's Police Department for each applicant, responsible person and manager. The applicant shall be responsible for payment of any fingerprinting fee.

13. Two (2) portrait photographs at least two (2) inches by two (2) inches in size taken within the last month for each applicant, responsible person and manager.

14. Authorization for the City, its agents and employees to seek verification of the information contained in the application.

15. Such other identification and information as the City may reasonably require in order to verify the truth of the matters herein specified and as required to be set forth in the application.

16. A statement in writing and dated and signed by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

17. A written approval, or certificate of occupancy, from any division, department or agency with authority or jurisdiction over the real property, and building(s) or structure(s) thereon, in which the massage establishment is to be located, including but not limited to, from the City's Planning and Building Safety Divisions, as well as the City's Fire Department. The approval, or certificate of occupancy, must be submitted to the City prior to the application for permit final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the approvals or certificate of occupancy are not received by the City, within ninety (90) calendar days of filing the application, said application shall be deemed void.

F. The applicant, responsible person and manager shall also provide the following personal information:

1. Full, true name, and all aliases used.

2. Date and place of birth.

3. California driver's license, California identification card, or any other government issued identification card verifying the name and date of birth, as well as physical identifying information that includes information such as height, weight, gender, and color of hair and eyes.

4. The current residence address residence telephone number, and all previous residential addresses for a minimum of eight (8) years immediately preceding the present address of the applicant, responsible person and managers and the dates of residence for each address.

5. A mobile phone number and an e-mail address, if available.

G. If, during the term of a permit, the permittee proposes any change in information submitted on the original or renewal application, the permittee shall notify the City in writing of any such proposed change, and same must be approved by the Permit Administrator before the change takes place.

H. If an applicant, responsible person or manager also desires to act as a massage technician or off premises massage technician, he or she shall also satisfy the requirements for same as set forth in this Chapter.

I. At the discretion of the City, an applicant may be required to notify any residences within three hundred (300) feet of the proposed massage establishment by first class mail, at applicant's expense, so that residents may submit comments to the City. The form and format of the notice will be provided to the applicant by the City.

(Ord. No. 2016-009 § 2 (part))

Upon receipt of a complete and signed written application for a massage establishment permit, the City shall conduct an investigation of facts with the appropriate City and County agencies. This review process shall ensure that the contents and information on each massage establishment permit application are consistent with the intent and purpose of this Chapter. Within ninety (90) calendar days of receipt of a completed application and all required documentation and approvals, the City shall approve, conditionally approve, or deny the application. The ninety (90) days period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation.

(Ord. No. 2016-009 § 2 (part))

A. After the completion of the City's investigation, the Permit Administrator shall not issue a massage establishment permit if any of the following findings are made:

1. The applicant has failed to submit a complete application or pay the prescribed application fee as required by § 11.07.030 of this Chapter, or all other requirements of this Chapter have not been satisfied.

2. The applicant, responsible person, manager or any of their officers, directors, managers, members, partners or any person directly engaged or retained by or employed in the massage establishment, within eight (8) years preceding the date of the application:

a. Has been convicted of any crime involving dishonesty, fraud, deceit, or moral turpitude, or any crime committed while engaged in the ownership or management of a massage establishment or the practice of massage.

b. Has been convicted of a violation of any criminal law relating to the pandering, prostitution, or human trafficking, including without limitation Cal. Penal Code §§ 266(h), 266(i), 315, 316, 318, 647, or any similar law.

c. Has been convicted of any felony offense involving the illegal sale, distribution, or possession of a controlled substance.

d. Has had a massage permit or massage certificate or other similar license or permit denied, suspended, or revoked for cause by the City, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

3. The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the application, or in the permit application process.

4. The applicant is not at least eighteen (18) years of age.

5. The massage establishment does not comply with all applicable laws and regulations, including, but not limited to, health, building and safety, zoning, and fire requirements and standards.

B. If the Permit Administrator, upon completion of the investigation determines that the applicant does not fulfill the requirements as set forth in this Chapter, the City shall deny said application and not issue a permit by dated written notice to the applicant. The City shall serve the applicant, either personally or by first class mail addressed to the address listed on the application, with a written notice of denial. Said notice shall state the reasons for the denial and the right of the applicant to appeal the decision to the City Manager, and that the permit administrator's decision will be final if no written appeal is timely submitted to and received by the City, pursuant to the provisions in § 11.07.100 of this Chapter.

(Ord. No. 2016-009 § 2 (part))

A. Except as otherwise expressly required by a provision of this Chapter, any notice required by this Chapter may be served by personal delivery to any applicant or permittee, or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle.

B. Except as otherwise expressly required by a provision of this Chapter, any notice issued to any applicant or permittee shall be sent to the mailing address as listed on the application submitted to the City. Failure of any applicant or permittee to receive a properly addressed notice by mail shall not invalidate any action, decision, determination, or proceeding pursuant to this Chapter.

(Ord. No. 2016-009 § 2 (part))

A. An initial massage establishment permit is valid upon issuance and shall continue in effect until it expires as set forth in this Section, unless sooner suspended, revoked, or abandoned as set forth in this Chapter.

B. Every massage establishment permit first issued on or before September 30 of each year shall expire on December 31 of the calendar year in which it was issued, unless sooner suspended, revoked, or abandoned as set forth in this Chapter.

C. Every massage establishment permit first issued on or before October 1 of each year shall expire on December 31 of the following calendar year, unless sooner suspended, revoked, or abandoned as set forth in this Chapter.

(Ord. No. 2016-009 § 2 (part))

No permit issued under this Chapter shall confer any right to operate or conduct any business in the City to any person for a period exceeding the term of the permit.

(Ord. No. 2016-009 § 2 (part))

A. A massage establishment permit issued under this Chapter is valid only as to the permittee and approved site, and is therefore nontransferable to other persons, projects or locations.

B. No massage establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person, persons, or entities. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void, except as hereinafter set forth.

(Ord. No. 2016-009 § 2 (part))

A. General conditions. All massage establishments shall comply with the following general conditions, and any other conditions specified by the City, which are consistent with applicable state law.

1. Name specified in permit. No person granted a permit pursuant to this Chapter shall use any name or conduct business under any name or designation not specified in his or her permit. This prohibition includes advertising under any name or designation not specified in his or her permit.

2. Employ only massage technicians with current and valid massage certificate. No permittee shall employ any person as a massage technician in that capacity who does not have a current and valid certificate issued by CAMTC, pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions), or whose certificate is not in good standing.

3. Manager on the premises at all times. All massage establishments required to have a permit under this Chapter shall have a manager on the premises at all times when the massage establishment is open for business. The permittee as represented in the approved application for a massage establishment permit shall be deemed a manager for the purposes of this Section. Any additional managers must submit to the City all required information under § 11.07.030 of this Chapter, and must be approved by the Permit Administrator, before serving as a manager. Said amended or supplemental information to the approved application shall be accompanied by a fee to cover the reasonable costs associated with this investigation.

4. Permit and massage certificates displayed. The massage establishment permit and the massage certificate for each massage technician shall be displayed in an open and conspicuous place readily visible, such as in the lobby of the massage establishment.

5. Hours of operation. The hours of operation must be posted in the front window or facade of the building where the massage establishment is located, and clearly visible from the outside.

6. At least one (1) certified massage technician on the premises at all times. No massage establishment required to be permitted under this Chapter shall open for business without having at least one massage technician who holds a current and valid massage certificate for that specific massage establishment. There shall be at least one (1) massage technician who holds a current and valid massage certificate on the premises at all times when the establishment is open.

7. Permittee responsibility. All permittees and all of their responsible persons and managers shall be responsible for the conduct of all employees or independent contractors while they are on the massage establishment premises. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the permittee for purposes of determining whether the permit shall be revoked, suspended, or not renewed.

8. Attire. All employees, including massage technicians, shall at all times while on the business premises, wear clean clothing that is not transparent, see-through or which substantially exposes undergarments, breasts, buttocks or genitals.

9. Prohibited conduct and activities. It is unlawful for permittees, their responsible persons, managers, employees, independent contractors, off-premises massage services, or massage technicians, to conduct, engage in, cause, allow, or permit any of the following conduct or activities:

a. Any sexual activity upon the premises of the massage establishment or the off-premises massage location.

b. Expose specified anatomical areas in the presence of any client, patron, customer, or guest.

c. Make intentional physical contact with the specified anatomical areas of any client, patron, customer, or guest.

10. Register of personnel. The permittee shall maintain a register listing all massage technicians, including employees and independent contractors. Said register shall be maintained on the premises for a minimum period of two (2) years after massage technicians cease their employment. The permittee shall make the personnel register immediately available for inspection upon demand of a representative of the City at all reasonable times. The personnel register shall include, but not limited to, the following information:

a. The proper name of the massage technician, including his or her first, middle, and last name(s).

b. Any nicknames, pseudonyms, or aliases used by the massage technician.

c. The massage technician's current residence address and relevant phone numbers (including, but not limited to, home and cellular numbers).

d. The age, date of birth, gender, height, weight, color of hair and eyes of each massage technician.

e. The Social Security number of each massage technician.

f. The date of hire, and if applicable, termination.

g. All information contained in a massage technician's massage certificate, including certificate number, date of issuance, and expiration date.

h. The duties of each massage technician.

11. Compliance with applicable laws. At all times, all permittees, responsible persons, managers and all employees and massage technicians shall comply with all provisions of this Chapter, and any applicable provisions of this Code, local laws, of State of California laws.

B. Facilities. All massage establishments shall comply with the following operating requirements for facilities and any other conditions specified by the City.

1. Real property, and structures thereon. The premises, and structures, alterations, or improvements thereon, in which a massage establishment is proposed to be located on, or is located, shall comply with all applicable laws, including, but not limited to zoning, fire, and building standards, Codes, and regulations.

2. Treatment or services list. The permittee shall post and maintain a list of treatments or services available and the cost of such treatments or services in an open and conspicuous place of the massage establishment and in any other location on the premises as the permittee deems appropriate. No permittee shall allow, cause, or permit, and no massage technician shall offer or perform, any treatment or service other than those posted.

3. Ventilation and lighting. Minimum ventilation and lighting shall be provided in accordance with the City's Building Code and other adopted California codes pertaining to structures or construction. Minimum lighting must be provided in accordance with the City's Building Code, and, in addition, at least one (1) unobstructed artificial light of not less than nine hundred (900) lumens must be provided in each enclosed room or booth where massage services are being performed on a patron.

4. Requirements for toilet facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for the patrons in every massage establishment. Each washbasin shall provide soap or detergent, hot and cold running water at all times, and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom washbasin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.

5. Bathing, dressing, and locker facilities. If a massage establishment requires patrons to be separated from their possessions or valuables during their massage or while at the massage establishment, then patrons must be provided a location or means to secure those items. If a shower is included in the premises, the shower facility shall be equipped with soap or detergent and hot and cold running water at all times, and shall be located within close proximity to the massage rooms. Bar soap may not be used.

6. Separate rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, dressing, bathing and toilet facilities shall be available for male and female patrons upon request. Any separate facility or room shall be clearly marked as such.

7. Maintaining and cleaning rooms and facilities. All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam or vapor rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, compartments and toilet rooms shall be thoroughly cleaned and disinfected at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.

8. Massage table coverings. Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material acceptable to the City or the County Health Department.

9. Front door. One front door that enters into the lobby or other waiting room shall be provided for customer, client or patron use. All customers, clients, and patrons, and any other persons other than employees shall be required to enter and exit through the front door of the establishment.

C. Operations of massage establishments. Permittees, their responsible persons, managers and all those performing services at the massage establishment who have a massage certificate, shall comply with the following massage establishment operating requirements, and any other conditions specified by the City.

1. Clean and sanitary towels and linens. Clean and sanitary towels, sheets and linens shall be provided for each patron of the massage establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless they have been first laundered. Heavy white paper may be substituted for sheets; if such paper is used once for each person then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked clean and soiled.

2. Sterilized equipment. Disinfecting agents and sterilizing equipment approved by the County Health Department shall be provided for any instruments used in performing any massage.

3. Living quarters prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time.

4. Alcohol or drugs prohibited. No person shall enter, be in, or remain in or on, any part of a massage establishment while in the possession of, consuming, or using or under the influence of, any alcoholic beverage or controlled substance. permittees, responsible persons and managers shall each be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages is prohibited on the premises.

5. Adult oriented merchandise prohibited. The use or possession of adult oriented merchandise in or on any part of a massage establishment is prohibited.

6. Recordings. No electrical, mechanical, or artificial device shall be used by any persons employed by or contracted with the permittee, or any of its employees, agents or representatives, including without limitation the massage technician, for audio or video recording, or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms, without the knowledge and written consent of the patron.

7. Client draping. Massage clients, patrons and customers must wear some form of clothing or draping, which ensures coverage of the genital area, anus and female breasts. No common use of such coverings shall be permitted and reuse is specifically prohibited, unless adequately laundered prior to its re-use.

8. Maintaining treatment and service records. The permittee shall cause a record to be maintained of the dates and hours of each treatment or service, the name and address or other contact information for the patron, the name of the massage technician administering such treatment or service, and a description, or the type, of treatment or service administered. These records shall be prepared prior to administering any massage, service or treatment, and shall be retained for a period of one (1) year after such treatment or service. There records shall be open to inspection upon demand only by officials charged with enforcement of this Chapter or emergency personnel for emergency purposes, and for no other purpose. City and County officials as designated in this Chapter may routinely and periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Chapter, or any other applicable local, state or federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by the permittee, responsible person, manager, employee, or independent contractor of the massage establishment shall constitute a misdemeanor.

9. Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of eight (8:00) a.m. and ten (10:00) p.m. The applicant must advise the City, in writing, at the time of submission of the application for a massage establishment permit, of the hours of operation within the times set forth above. The permittee shall notify the City, in writing, at least thirty (30) calendar days before the date of the effective change, of any changes in the hours of operation. No person shall operate a massage establishment or administer a massage in any massage establishment or administer an off-premises massage between the hours often (10:00) p.m. and eight (8) a.m. All customers, clients, patrons, and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. Any massage beginning at any time before ten (10:00) p.m. must terminate at ten (10:00) p.m.

10. Areas designated for persons with disabilities. Nothing in this Chapter exempts a massage establishment from complying with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.

11. Doors. All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours, unless the massage establishment is a sole proprietor with no employees (including independent contractors). All interior doors (other than bathroom doors), including, but not limited to, all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby areas to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry, in any manner.

12. Access. No person(s) other than a permittee, permittee's authorized personnel or customers shall be allowed beyond the front lobby, which shall be located directly inside the front door entrance, during the hours of operation. Each other person found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception, or business offices, or lounge area will be in violation of this Section. Entry doors to all rooms shall not be obstructed by any means. This subsection shall not apply to City and County officials responsible for enforcing the provisions of this Chapter, or any applicable law, or who are conducting administrative periodic and routine inspections as discussed herein.

13. Discrimination. No massage establishment may discriminate or exclude patrons on in violation of local, state and federal laws and regulations.

14. Notices. The following notice shall be posted in every massage establishment in a conspicuous place in that is easily visible to all persons entering the premises and in each massage room:

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS ARE NOT LOCKED FOR YOUR SAFETY AND PROTECTION. THIS ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY OF CULVER CITY OFFICIALS, INCLUDING THE CULVER CITY POLICE DEPARTMENT, AS WELL AS COUNTY HEALTH OFFICIALS, WITHOUT PRIOR NOTICE.

The language for said notice set forth above may be amended by Permit Administrator. Every massage establishment required to post this notice shall be required to pay for the cost of all notices required by this section.

(Ord. No. 2016-009 § 2 (part))

All massage technicians shall comply with the following conditions:

A. No massage technician shall massage or cause, allow, or permit an employee to massage any specified anatomical areas, as defined in this Chapter, of any patron. Nor shall any massage technician or employee solicit or cause, allow, or permit a patron to touch or massage in any manner the specified anatomical area of a massage technician or employee. No massage shall be given and no patron shall be in the presence of any other person unless the patron's specified anatomical areas are fully covered by a nontransparent covering or draping.

B. Massage technicians shall display, and allow the permittee to display, his or her current and valid massage certificate in an open and conspicuous place readily visible, such as in the lobby of the massage establishment.

C. The massage technician shall at all times when present in the massage establishment have a California driver's license or California identification card, or any other government-issued identification card that has a photograph and physical identifying information of the massage technician. Such identification shall be provided to the Chief of Police, or his or her designee, upon demand, or to any City or County official conducting an investigation and/or who are participating in periodic and routine inspections as regulated herein.

D. Any massage technician using a nickname, pseudonym, or alias other than the name specified on their massage certificate and California driver's license, California identification card, or any other government-issued identification card, while conducting business or performing massages, must include said name in the personnel register as required by § 11.07.065A.10. of this Chapter.

E. A massage technician shall consent to, and shall not prevent, delay or interfere with a lawful inspection of the massage establishment, or occupied massage rooms, by the City's Divisions of Enforcement Services, Planning, Building Safety, as well as the Fire Department, Police Department, Finance Department, and the Los Angeles County Health Department, and any other City or County division or department that has regulatory jurisdiction over the massage establishment, or its massage technicians, employees, or practices and activities thereon, for the purpose of determining that the provisions of this Chapter or other applicable laws, regulations, or standards are complied with and met.

(Ord. No. 2016-009 § 2 (part))

A. The City's Divisions of Enforcement Services, Planning, Building Safety, as well as the Fire Department, Police Department, Finance Department, and the Los Angeles County Health Department, and any other City or County division or department that has regulatory jurisdiction over the massage establishment, or its massage technicians, employees or practices and activities thereon, shall have the right to enter the massage establishment, and all rooms, building and structures thereon, or portions thereof, at any time during business hours for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this Chapter. During an inspection, City and County personnel may also verify the identity of all permittees, responsible persons, managers, massage technicians and employees.

B. Records maintained in the ordinary course of business as required from the massage establishment to keep pursuant to provisions of this Chapter, including, but not limited to, personnel registers and records of services and treatments rendered, may also be inspected by the aforementioned City and County

officials.

C. Inspections of the massage establishment shall be conducted during business hours.

(Ord. No. 2016-009 § 2 (part))

A. One (1) or more proposed partners in a partnership granted a massage establishment permit may make application to the Permit Administrator, together with the fee established by the City Council, to amend the original application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permittee is a partnership and one or more of the partners should die, 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 permit, and in such case, the massage establishment permit, upon notification to the Permit Administrator, shall be placed in the name of the surviving partners.

B. If the massage establishment permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the Permit Administrator, together with the fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur.

C. All changes in ownership as described in this section must be submitted to the City within thirty (30) calendar days, along with any organizational documents reflecting said changes.

(Ord. No. 2016-009 § 2 (part))

A. The permittee must advise the Permit Administrator within thirty (30) calendar days of all changes of name or designation under which the business is to be conducted. The change of name or designation shall be accompanied by a nonrefundable fee established by resolution of the City Council to defray the costs of reissuance of the massage establishment permit.

B. No permittee shall operate, conduct, manage, engage in, or carry on the business of a massage establishment under any name other than the name of the massage establishment specified in the permit.

C. All required City approvals, plan approvals, and permits must be obtained before causing, allowing, or permitting alterations to, and/or extensions or expansions of, the existing building(s), structure(s), or portions thereof, approved as a location for a massage establishment. Said alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building safety and occupancy.

(Ord. No. 2016-009 § 2 (part))

A. Applications for the renewal of a massage establishment permit shall be filed with the Permit Administrator at least sixty (60) calendar days before the expiration of the permit to be renewed. Temporary permits will not be issued. Any permittee allowing his or her permit to lapse or expire shall be required to submit a new application and pay the corresponding original application fees.

B. Any permittee desiring to obtain a renewal of his or her permit shall file a written application under penalty of perjury on the required City form with the Permit Administrator, who shall conduct an investigation. The renewal application shall be accompanied by a non-refundable filing fee established by resolution of the City Council to defray the costs of the investigation required by this Chapter. A permittee submitting a renewal application shall be required to update the information contained in his or her original permit application and provide any new or additional information as may be reasonably required by the Permit Administrator in order to determine whether the permit should be renewed.

C. The Permit Administrator shall have sixty (60) calendar days to investigate the renewal application and shall render a decision within that time, but no later than the date of expiration of the permit.

D. The Permit Administrator shall renew a permit if he or she confirms the permittee has been and remains in current compliance with all terms and conditions of his or her City-issued permit, with all provisions of this Chapter, and with all state and local laws applicable to massage establishments.

(Ord. No. 2016-009 § 2 (part))

A. Failure of a permittee to comply with any requirement imposed by the provisions of this Chapter (or successor provision or provisions) or pursuant to any term or condition imposed on the massage establishment permit, shall be grounds for non-renewal, suspension, or revocation of the permit.

B. The Permit Administrator may also suspend, revoke, or refuse to renew a massage establishment permit if any of the following conditions exist:

1. A violation of any of the provisions of this Chapter.

2. A permittee, responsible person, manager or any massage technician employed or contracted by the permittee has been convicted of any law specified in §§ 11.07.030 and/or 11.07.040 of this Chapter.

3. The Permit Administrator makes any findings necessary to deny a permit pursuant to § 11.07.040 of this Chapter.

4. Employing or retaining any person to perform massage services who does not hold a current and valid massage certificate issued by CAMTC, pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions), or whose certificate is not in good standing.

5. If there have been repeated alleged violations of the terms and conditions of a massage establishment permit or the provisions of this Chapter (or successor provision or provisions), which require ongoing supervision, action, or response by City and County officials, including but not limited to the City's Police Department, which demonstrate that permittee is unable to operate or manage the massage establishment in a law-abiding manner.

C. If the Permit Administrator determines and concludes that a holder of a City-issued massage establishment permit has violated any conditions of its permit, failed to adhere to or fulfill any requirement of this Chapter, failed to meet any of the original grounds for approval, or violated any provision of this Chapter or condition of permit to provide grounds to not renew a permit, or to suspend or revoke a permit, the Permit Administrator shall revoke, suspend or not renew said permit by dated written notice to the permittee.

D. The Permit Administrator shall serve the permittee, either personally or by first class mail addressed to the address listed on the application, with a written notice of nonrenewal, or a notice to suspend or revoke a permit. This notice shall state the reasons for the action, the effective date of the decision, the right of the permittee to appeal the decision to the City Manager, and that the Permit Administrator's decision will be final if no written appeal is timely submitted to, and received by, the City, pursuant to the provisions in § 11.07.100 of this Chapter. This notice will be effective within fifteen (15) calendar days from the date of service of the notice. If an appeal is timely and properly filed in accordance with § 11.07.100, then the effective date of the notice is stayed.

(Ord. No. 2016-009 § 2 (part))

A. Notice of, and time to, appeal, and effect of timely appeal.

1. An applicant or permittee of a massage establishment may appeal the decision of the Permit Administrator to the City Manager, by filing with the City Clerk a written notice of appeal within fifteen (15) calendar days from the date of service of the notice issued by the Permit Administrator of his or her decision.

2. The notice of appeal shall be in writing and signed by the person making the appeal ("appellant"), or his or her legal representative, and shall contain the following:

a. Name, address, and telephone number of the appellant, as well as indication of whether the appellant is the applicant or permittee of a massage establishment with a City-issued massage establishment permit.

b. Specify that the person is appealing from a specified decision, action, or a particular part thereof, made by the Permit Administrator.

c. Include a true and correct copy of the notice of decision issued by the Permit Administrator for which the appellant is appealing.

d. State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Manager, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.

e. All documents or other evidence pertinent to the appeal that the appellant requests the City Manager to consider at the hearing.

3. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the Permit Administrator. In this event, the Permit Administrator's notice of decision, determination and/or action is final and binding.

4. In the event a written notice of appeal is timely filed, the nonrenewal, suspension or revocation shall not become effective until a Final Order has been rendered and issued by the City Manager, or appointed hearing officer. If no appeal is timely filed in the event of a decision of nonrenewal, the massage establishment permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision of suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.

B. Review by City Manager; appeal hearing and proceedings.

1. All appellants shall, subject to filing a timely written notice of appeal, obtain review thereof before the City Manager or appointed hearing officer. The administrative appeal shall be scheduled no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, after receipt of a timely filed notice of appeal. The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) calendar days before the date of the hearing ("notice of appeal hearing").

2. All requests by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City Manager may continue a hearing for good cause or on his or her own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days without stipulation by all parties.

3. The City Manager shall preside over the hearing on appeal, or in the alternative, the City Manager may appoint a hearing officer to conduct the hearing.

4. At the date, time and location set forth in the notice of appeal hearing, the City Manager or an appointed hearing officer, shall hear and consider the testimony of the appellant(s), the Permit Administrator, and/or their witnesses, as well as any documentary evidence properly submitted by these persons.

5. The following rules shall apply at the appeal hearing:

a. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.

b. The City bears the burden of proof to establish the grounds for denial, nonrenewal, suspension or revocation by a preponderance of evidence.

c. The issuance of the Permit Administrator's notice of decision constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation, and City or County personnel who significantly took part in the investigation, which contributed to the Permit Administrator issuing a notice of decision, may be required to participate in the appeal hearing.

d. Each party shall have the right to introduce evidence, to present and examine witnesses, and to cross-examine opposing witnesses who have testified under direct examination. The City Manager, or the appointed hearing officer, may also call witnesses, and examine any person who introduces evidence or testifies at any hearing.

e. The City Manager, or the appointed hearing officer, may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The hearing officer shall determine in his or her discretion whether a particular fact or facts amount to a good cause on a case-by-case basis.

f. The appellant and the Permit Administrator issuing the notice, may represent himself, herself or themselves, or be represented by a legal representative of his, her, or their choice.

g. The appellant may bring a language interpreter to the hearing at his or her sole expense.

h. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.

6. If the appellant, or his or her legal representative, fails to appear at the appeal hearing, the City Manager, or the appointed hearing officer, shall cancel the appeal hearing and send a notice thereof to the appellant by first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the Permit Administrator's notice of decision is final and binding.

C. Decision of City Manager, or his or her designee, or appointed hearing officer; final order.

1. Not later than fifteen (15) calendar days following conclusion of the appeal hearing, the City Manager, or appointed hearing officer, shall determine if any ground exists for the denial, nonrenewal, suspension or revocation of a massage establishment permit. If the City Manager, or appointed hearing officer, determines that no grounds for denial, nonrenewal, suspension or revocation exist, the Permit Administrator's notice of decision shall be deemed cancelled. If the City Manager, or appointed hearing officer, determines that one (1) or more of the reasons or grounds enumerated in the Permit Administrator's notice of decision exists, he or she shall issue a written Final Order, which shall at minimum contain the following:

a. A finding and description of each reason or grounds for denial, nonrenewal, suspension or revocation that exist.

b. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

2. The decision of the City Manager, or appointed hearing officer, is final and conclusive. The decision shall also contain the following statement: "The decision of the City Manager, or appointed hearing officer, is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6."

3. A copy of the Final Order shall be served by first class mail on the appellant. If the appellant is not the owner of the real property in which the massage establishment is located, or proposed to be located, a copy of the Final Order may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed Final Order shall not invalidate any action or proceeding by the City pursuant to this Chapter.

(Ord. No. 2016-009 § 2 (part))

If the issuance of a permit is denied, or a current and valid City issued massage establishment permit is suspended, revoked, or not renewed for failure to comply with the conditions of a permit or the provisions of this Chapter, the applicant or former permittee may not reapply for a period of twenty-four (24) months from the date the application was denied, or the date the City issued massage establishment permit was suspended, revoked, or not renewed, or from the date of the Final Order that was issued after an appeal hearing.

(Ord. No. 2016-009 § 2 (part))

Any permittee to whom a permit has been issued pursuant to this Chapter shall immediately surrender his or her permit to the Permit Administrator upon its nonrenewal, suspension, or revocation. A permit is not valid beyond the effective date of the suspension or revocation, whether surrendered or not.

(Ord. No. 2016-009 § 2 (part))

A. Commencing on the effective date of the chapter as codified in this Chapter, all operating permits for a massage establishment shall be issued in accordance with the provisions of this Chapter.

B. The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the described persons, businesses or activities were established before or after the effective date of this Chapter, except that massage establishments lawfully in business before the effective date hereof shall have ninety (90) calendar days to submit the necessary application(s) to secure an massage establishment permit as described herein and comply with the terms of this Chapter.

C. Upon request in writing submitted concurrently with an initial application under § 11.07.030, and for good cause shown, the Permit Administrator is authorized to waive the architectural, structural, or building requirements of § 11.07.065B.3. through B.5. for an establishment operating at the time of the effective date of this Chapter. Any such waiver shall be attached to or upon each massage establishment permit. Nothing in this Section waives any Planning, Fire Code or Building Safety requirements that are generally applicable under the Culver City Municipal Code.

D. Provided any existing massage establishment undergoes a change in ownership, or causes, allows, or permits alterations to, and/or extensions or expansions of, the existing building(s), structure(s), or portions thereof, then the massage establishment must comply with all applicable laws, regulations and standards, including those required by this Chapter.

(Ord. No. 2016-009 § 2 (part))

The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this Chapter, including but not limited to, original application, renewal application, and inspection fees. Fees required by this Chapter shall be in addition to any other fees that may be required under any other section, provision, or chapter of this Code.

(Ord. No. 2016-009 § 2 (part))

A. Any person who violates any provision of this Chapter is guilty of a misdemeanor.

B. It is unlawful for any permittee of a massage establishment, or its responsible person, manager or any other responsible person employed by or working in concert with them or on their behalf, whether directly or indirectly, to continue to operate, conduct, or maintain a massage establishment after the City-issued massage establishment permit has been suspended or revoked, or not renewed, pursuant to a non-contested notice of decision issued by the Permit Administrator, or after the issuance of a Final Order after an appeal hearing.

C. Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this Chapter.

D. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

E. Whenever in this Chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

F. The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this Chapter, the City's Code, or in any other ordinance, laws, rules or regulations of the City, County, or the State of California.

(Ord. No. 2016-009 § 2 (part))

Except as designated in this Chapter, the provisions of this Chapter shall control for regulation of massage establishments as defined herein if other provisions of the Code conflict therewith. This Chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.

(Ord. No. 2016-009 § 2 (part))