Chapter 117 — MASSAGE PARLORS

GENERAL PROVISIONS

7§ 117.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MASSAGE. A method of treating the external parts of the body for remedial or hygienic purposes by rubbing, stroking, kneading, adjusting, or tapping with the hand or with an instrument. MASSAGE shall not include therapy, that is, means employed in effecting the cure of disease; or the management of disease or of diseased patients.

MASSAGE ESTABLISHMENT. An establishment in which the practice of massage is carried on for compensation or from which a person goes to administer a massage at any other place for compensation.

MASSAGIST. Any person who practices massage as defined in this section.

RECOGNIZED SCHOOL. Any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of a massagist.

('63 Code, § 6-14.01) (Ord. 211-C.S., passed 6-22-73)

(A) A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment.

(B) The permit shall be posted in a conspicuous place in such a manner that it can be easily seen by persons entering the establishment.

(C) Persons acting in the capacity of massagists shall have the certificates of registration issued them in their possession during the hours they are acting as such in massage establishments.

('63 Code, § 6-14.18) (Ord. 211-C.S., passed 6-22-73) Penalty, see § 10.99

The provisions of this chapter shall be applicable to all persons and businesses described in this chapter, whether the activities described in this chapter were established before or after June 22, 1973.

('63 Code, § 6-14.21) (Ord. 211-C.S., passed 6-22-73)

PERMITS, REGISTRATIONS AND CERTIFICATIONS

(A) No person shall establish or maintain a massage establishment without first obtaining and maintaining in effect a permit from the Chief of Police, nor shall he employ as a massagist any person who does not possess a current unrevoked certificate of registration as a massagist.

(B) No person shall practice massage for compensation without first obtaining and maintaining in effect a certificate of registration as a massagist.

(C) No person shall be issued a permit or a certificate of registration pursuant to the provisions of this chapter unless such person shall be at least 18 years of age and shall be either a graduate of a recognized school of massage or shall have had at least one year's experience in the profession, work, and method of treating the external parts of the body for remedial purposes or hygienic purposes by rubbing, stroking, kneading, adjusting, or tapping with the hand or by instrument. ('63 Code, § 6-14.02) (Ord. 211-C.S., passed 6-22-73) Penalty, see § 10.99

No permit or certificate of registration shall be required of any person licensed by the state as a physician, surgeon, chiropractor, osteopath, nurse, vocational nurse, physical therapist, or barber.

(A) The provisions of § 117.15 of this chapter shall not apply to any physician, surgeon, chiropractor, or osteopath, nor to any nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice his profession in the state; nor shall the requirements of said § 117.15 of this chapter apply to any treatment administered in good faith in the course of the practice of any healing art or other profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state.

(B) The provisions of § 117.15 of this chapter relating to age, education, or experience shall not apply to any corporation, partnership, or similar firm or association applying for a permit pursuant to the provisions of this chapter, nor shall the education or experience provisions apply to any person, natural or otherwise, seeking a permit who does not propose to operate the massage establishment personally and directly.

('63 Code, § 6-14.03) (Ord. 211-C.S., passed 6-22-73)

(A) Application.

• (1) Every person who proposes to conduct or operate an establishment for the practice of massage shall make a written

application to the Chief of Police for a permit for each such establishment. The application shall include the following:

• (a) The full name and present address of the applicant;

• (b) The two previous addresses immediately prior to the present address of applicant and the dates of residence of each;

• (c) The names and addresses of at least three bona fide adult residents of the county who will serve as character references. These references shall be persons other than relatives and business associates;

• (d) Written proof that the applicant is over the age of 18 years;

• (e) The applicant's weight, height, color of eyes and hair, and date of birth;

(f) The name under which, and place where, such applicant proposes to operate a massage establishment, together with the street, city, county, and state address where such applicant practiced or conducted any similar business, if any, within 24 months immediately preceding the date of such application, and the name under which the same was so conducted; and,

(g) Written proof that the applicant has had at least one year's experience in the profession, work, and method of treating the external parts of the body for remedial purposes or hygienic purposes by rubbing, stroking, kneading, adjusting, or tapping with the hand or by instrument, or the applicant shall furnish a diploma or certificate of graduation from a recognized school.

(2) The Chief of Police shall retain the original copy and transmit duplicates to the Fire Chief and the Director of Community Development for their investigation and approval.

('63 Code, § 6-14.04)

(B) Fee. A nonrefundable fee of $15 shall be paid at the time of the issuance of the permit described in division (A) of this section and shall be due and payable at the time of the original application and upon an application for renewal. ('63 Code, § 6-14.08)

(C) Investigation.

(1) The Chief of Police shall investigate the applicant's background and qualifications and shall investigate the premises where the massage establishment is to be operated for the purpose of assuring that such location does not pose a police problem and that the business will be in the interests of the public health, safety, and welfare.

(2) The Chief of Police shall photograph and fingerprint the applicant. Within 30 days after such application is filed with the Chief of Police, the Chief of Police shall return the duplicate thereof to the applicant with his approval thereon in writing or, in the event the application is not approved, a statement to that effect with his reasons therefor fully set forth in writing and based on the following grounds:

(a) That the applicant is lacking in the background and qualifications to conduct a bona fide massage establishment; or,

(b) That the operation of a massage establishment at the location in question would be contrary to the interests of the public health, safety, or welfare.

('63 Code, § 6-14.05)

(Ord. 211-C.S., passed 6-22-73)

(A) Denial of permits. The Chief of Police may refuse to issue a permit if, after investigating the matter, it is determined that the applicant is lacking in the background and qualifications to conduct a bona fide massage establishment or the operation of the proposed massage establishment would be injurious to the health, safety, and welfare of the people of the city, and for any reason set forth in Cal. Gov't Code, § 51032.

('63 Code, § 6-14.06)

(B) Hearings.

(1) Within five days after receiving notification by certified mail that his application for a permit or a renewal permit to practice, engage in, carry on, or operate the business of a massagist or conduct or carry on a massage parlor pursuant to the provisions of this chapter has been denied, any applicant may file with the City Clerk a written statement, addressed to the Council, requesting a public hearing on the application before the Council, and stating therein written exceptions to the findings of fact upon which the Chief of Police based his denial of the application. Such exceptions shall include, but not be limited to statements why the applicant believes the Chief of Police acted improperly or failed to act properly. Upon the filing of such a statement, the Council shall fix a time, date, and place for a public hearing thereon and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the Council not later than 30 days from the date on which the written statement was filed with the City Clerk. At the hearing, the applicant may present evidence in support of his application and exceptions. Any interested party may, in the discretion of the Council, be allowed to participate in the hearing and present evidence in support of or in opposition to the application and exceptions. The burden of proof shall be on the applicant. The Council, by resolution, shall no later than 15 days after the conclusion of the hearing, make findings of fact and either deny or grant the application for a permit, subject to any reasonable conditions thereto as the Council deems appropriate. The Council, in such resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the original findings of fact of the Chief of Police upon the application. A copy of such resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. (2) The Council's decision by such resolution shall be final. ('63 Code, § 6-14.07)

(Ord. 211-C.S., passed 6-22-73)

Each permit issued pursuant to the provisions of this chapter shall expire annually on the anniversary of its issuance, unless sooner revoked. An unrevoked permit may be renewed on a year-to-year basis on written application to the Chief of Police, made at least one month before its expiration date, and on the payment of a permit renewal application fee of $10. ('63 Code, § 6-14.09) (Ord. 211-C.S., passed 6-22-73)

(A) Revocation of permits. Whenever the Chief of Police has probable cause to believe that a permittee hereunder has conducted or carried on the business of a massage establishment in violation of the provisions of this chapter; has made a materially false statement on his application for a permit hereunder; has committed any crime of violence against another person or any crime involving lewdness, indecent exposure, or prostitution; has violated any law relating to or regulating such business; or is conducting or maintaining such business without due regard for the public health or the health of patrons or customers or without due regard to proper sanitation or hygiene, the Chief of Police shall, in addition to other remedies provided in this chapter, immediately give the permittee written notice, by certified special delivery mail, of a hearing to be held by the Chief of Police within five days after the date of such mailing to determine whether or not the permit should be revoked. Such notice shall state the date, time, and place of the hearing and contain a statement of the facts upon which the Chief of Police has acted in calling the hearing. At the hearing, the permit holder and any other interested person shall have the right to present evidence as to the facts upon which the Chief of Police proposes to revoke the permit, and any other facts which may aid the Chief of Police in determining whether the provisions of this chapter have been violated, and whether any of the acts set forth in this section have occurred. If, after such hearing, the Chief of Police finds that any or all of such acts have occurred, he shall, within two days after

the hearing, serve, by certified mail upon the permittee and all interested persons participating in the hearing and requesting such statement, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit. ('63 Code, § 6-14.10)

(B) Appeal.

(1) Within five days after receiving notification by certified mail that his permit hereunder has been revoked, any permittee may file with the City Clerk a written notice of appeal from such revocation, addressed to the Council, requesting a public hearing before the Council on the appeal and stating therein written exceptions to the findings of fact upon which the Chief of Police based his revocation of the permit. Such exceptions shall include, but not be limited to, statements why the permittee believes the Chief of Police acted improperly or failed to act properly. Upon the filing of such notice of appeal, the Council shall fix a time, date, and place for a public hearing thereon and shall send, by certified mail to the permittee, a notice of the time, date, and place of the hearing. The hearing shall be held at a regular meeting of the Council not more than 14 days after the date on which the notice of appeal was filed with the City Clerk. At the hearing, the permittee may present evidence in support of his stated exceptions and the reissuance of his permit. Any interested party, including the Chief of Police, may, in the discretion of the Council, be allowed to participate in the hearing and present evidence in support of, or in opposition to, the revocation. The burden of proof shall be on the Chief of Police. No later than 15 days after the conclusion of the hearing the Council, by resolution, shall make findings of fact and either affirm or reverse the revocation of the permit by the Chief of Police. The Council, in such resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions filed to the original findings of fact by the Chief of Police upon the revocation. A copy of such resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same.

(2) The Council's decision by such resolution shall be final and conclusive. ('63 Code, § 6-14.11) (Ord. 211-C.S., passed 6-22-73)

(A) Certificates of registration.

(1) Every person who desires to be employed as a massagist shall make a written application to the Chief of Police for a certificate of registration. An individual possessing a current unrevoked permit required by the provisions of § 117.17(A) of this chapter need not to obtain a certificate of registration. The application shall be in the form set forth in said § 117.17(A) of this chapter.

(2) In the event such application is not approved, the Chief of Police shall deny the certificate and notify the applicant thereof in writing and advise him that he has a right to appeal within ten days. ('63 Code, § 6-14.12)

(B) Investigations. The Chief of Police shall investigate the applicant's background and experience as provided in § 117.17(C) of this chapter.

('63 Code, § 6-14.13)

(C) Fees. A nonrefundable fee of $10 shall be paid at the time of the issuance of the certificate described in division (A) of this section, and such fee shall be due and payable at the time of the original application and upon an application for renewal. ('63 Code, § 6-14.14)

(D) Expiration; renewal. Each certificate of registration issued pursuant to the provisions of this chapter shall expire on the anniversary of its issuance unless sooner revoked. An unrevoked certificate of registration may be renewed on a year-to-year basis on written application to the Chief of Police made at least one month before its expiration date. ('63 Code, § 6-14.15)

(E) Revocation of certificates of registration. The Chief of Police may revoke a certificate of registration issued pursuant to the provisions of this chapter upon determining that the certificate holder has violated, or caused or permitted any other person under his control or supervision to violate, any provision of this chapter or of state or federal law in connection with the practice of massage or operation of the massage establishment. The Chief of Police shall transmit by certified mail to the applicant's address, as shown on the application or otherwise more recently on record, a written notice that such certificate of registration is revoked at the end of the fifth day after such mailing of the notice. A revoked certificate of registration shall be immediately surrendered to the Chief of Police.

('63 Code, § 6-14.16)

(F) Appeals. An applicant for or holder of a certificate of registration may, within ten days following the mailing of the notice of refusal by the Chief of Police to issue or renew such certificate, or his revocation thereof, appeal from the action of the Chief of Police to the Council. The matter shall be set for a public hearing before the Council at its next regular meeting, not sooner than the fifth day after such appeal is filed. Unless the Council shall reverse the action of the Chief of Police by majority vote, his decision shall be deemed affirmed. The burden of proof shall be on the applicant if the appeal is from a determination to refuse to issue, and it shall be on the Chief of Police if the appeal is from a determination to refuse to issue, and it shall be on the Chief of Police if the appeal is from a determination to revoke or to refuse to renew. ('63 Code, § 6-14.17)

(Ord. 211-C.S., passed 6-22-73)

No permit issued pursuant to the provisions of this chapter shall be transferred or assigned in any manner, whether by operation of law or otherwise, from location to location or from person to person. ('63 Code, § 6-14.19) (Ord. 211-C.S., passed 6-22-73) Penalty, see § 10.99

Every person holding a permit issued pursuant to the provisions of § 117.17(C) of this chapter shall report immediately in writing to the Chief of Police the employment or termination of massagists practicing in such establishment. ('63 Code, § 6-14.20) (Ord. 211-C.S., passed 6-22-73) Penalty, see § 10.99