Hawthorne Municipal Code Ch. 5.58 Massage Establishments

Except as otherwise provided, all of the provisions of this Chapter 5.58 shall be applicable to all massage establishments operating within the city of Hawthorne. This chapter shall not be construed in a manner that is inconsistent with state law governing the practice of massage therapy services.

(Ord. 2125 § 3, 2016)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

"California Massage Therapy Council" or "CAMTC"

means the Massage Therapy organization formed pursuant to Business and Professions Code Section 4600, et seq.

"Certified"

means any valid certificate issued in accordance with Sections 4600 through 4620 of the California Business and Professions Code.

"Compensation"

means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.

"Massage" or "massage therapy"

means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, 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, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Examples of massage include but are not limited to Swedish massage, sports massage, shiatsu, polarity therapy, and reflexology. For purposes of this chapter, the terms "massage" and "bodywork" shall have the same meaning.

"Massage establishment"

means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths.

"Massage practitioner," "bodywork practitioner," or "massage and bodywork practitioner"

means a person who is certified by the California Massage Therapy Council (CAMTC) and who administers massage for compensation.

"Massage therapist," "bodyworker," "bodywork therapist," or "massage and bodywork therapist"

means a person who is certified by the CAMTC under Subdivision (c) of Section 4601 of the California Business and Professions Code, and who administers massage for compensation.

"Organization"

means the CAMTC created pursuant to Sections 4600 through 4620 of the California Business and Professions Code.

"Outcall massage"

means any massage performed by a massage technician outside of the massage establishment where the massage practitioner or therapist is employed or a massage administered by any person who is not employed by a fixed location massage establishment in the city of Hawthorne.

"Operator"

means any person who has an ownership interest in a massage establishment and may include sole providers and independent contractors.

(Ord. 2125 § 3, 2016)

It is unlawful for any person, association, partnership, corporation or other entity to engage in, conduct or carry on, permit to engage in, in or upon any premises within the city of Hawthorne the business of providing massages in exchange for compensation without being currently certified as a massage practitioner or massage therapist by the California Massage Therapy Council in accordance with Sections 4600 through 4620 of the California Business and Professions Code.

(Ord. 2125 § 3, 2016)

It is unlawful for any massage establishment to provide massage therapy services unless the massage establishment complies with all of requirements of this chapter and obtains the following: (a) a business license pursuant to Chapter 5.06; and (b) an operator's certificate, pursuant to this chapter.

(Ord. 2125 § 3, 2016)

A business license shall not be issued pursuant to this chapter unless an inspection reveals that the massage establishment maintains facilities meeting the following requirements:

A. Signage. Subject to applicable provisions of the city's codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. Each service offered, the price thereof, and the minimum length of time such service shall be performed shall also be posted in English and such other languages as may be convenient to communicate such service, in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted. Nothing herein prohibits a voluntary tip from being paid by the patron.

B. Lighting. At least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while patron is in such room or enclosure.

C. Water. Hot and cold running water shall be provided at all times.

D. Toilet Facilities and Washbasins. A minimum of one toilet and one washbasin shall be provided for patrons in every massage establishment. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

E. Separation of Sexes. If male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such.

F. Ventilation. Minimum ventilation shall be provided in accordance with the building code.

G. Restrictions on Locked Doors. Areas where massages are to be performed shall be separated by a nonlockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a "peep hole" or any other device that allows anyone to see into or out of this room when the door is closed.

H. Vermin. All massage establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present effective control measures shall be instituted for their control or elimination.

(Ord. 2125 § 3, 2016)

In addition, a business license shall not be issued or maintained pursuant to this chapter unless an inspection reveals that the massage establishment shall operate or is operating in conformance with the following requirements:

A. Current List of Employees. The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage therapists, massage practitioners and employees of the massage establishment, and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this chapter.

B. Reporting of New Employee and Certification. The owner or operator of a massage establishment shall notify the business license division in writing of the name and address of each person providing massage services at or on behalf of the massage establishment or employed as an on-site manager within five business days of that person being employed or utilized and shall provide a copy of the individual's CAMTC certification.

C. Maintaining Certification Records. Any massage establishment shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the CAMTC.

D. Linen Storage. Clean and sanitary towels, sheets and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. Separate closed containers or cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen." Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron.

E. Attire. Massage therapists and massage practitioners comply with all rules of the California Massage Therapy Council pertaining to attire.

F. Cleanliness of Premises. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

G. Sterilizing Instruments. Instruments utilized in performing massage shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods.

H. Coverings Provided by Establishment. Where a covering is furnished by the massage establishment, it shall not be used by more than one patron until it has first been laundered and disinfected. This requirement shall also apply to outcall massages where a covering is furnished by the massage therapist or massage practitioner.

I. Massage Table Pads. Pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Los Angeles County Health Department. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four inches thick or with a width of more than four feet shall not be permitted in the establishment.

J. Records of Services Provided. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name of the massage therapist or practitioner administering treatment, and the type of treatment administered. Such written record shall be open to inspection by officials charged with enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two years.

K. Reasonable Inspection. Every massage establishment shall be open during hours when massage is being provided for reasonable inspection by any officer of the city of Hawthorne.

L. Simultaneous Operation of School. No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage.

M. Presence of Management. An owner, operator or manager shall be at the massage establishment at all times when massages are being performed.

N. Changes to Business. The owner or operator of a massage establishment shall immediately notify the business license division of any intention to rename, change management or convey the business to another.

O. Recording Devices Prohibited. No building or part thereof where massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or rooms used by patrons.

(Ord. 2125 § 3, 2016)

In addition to a business license, operators are required to obtain an operator's certificate. Applicants for an operator's certificate shall submit the following information to the Hawthorne police department on a form supplied by the department:

A. The full true name of the applicant;

B. A complete statement listing and explaining any and all aliases and fictitious names used by the applicant within the ten years immediately preceding the application;

C. The current residence address and business address and current residence and business telephone number of the applicant;

D. A list of all previous residential and business addresses for a minimum of ten years immediately preceding the present address of the applicant and the dates of residence for each address;

E. The applicant's place of birth, and original documentation to verify both the applicant's identity and employment authorization (if applicable), as listed under 8 U.S.C. 1324a(b)(1) and 8 C.F.R. 274a.2(b)(1). Documentation to satisfy this requirement may include, but is not limited to, a California driver's license, California identification card, social security card, resident alien ("green") card, United States passport (unexpired or expired), unexpired foreign passport that contains a temporary I-551 stamp, or an unexpired employment authorization document issued by the United States Government in compliance with 8 C.F.R. 274a.2(b)(1)(v)(A);

F. The history of the applicant as to any similar business or occupation within ten years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage services, or worked, whether the applicant has had a permit or license to operate, manage, provide massage services, or work at a massage establishment denied, revoked or suspended in any jurisdiction; the reasons for any such denial, revocation or suspension; and the business, activity or occupation the applicant engaged in subsequent to such denial, revocation or suspension;

G. All criminal convictions within the last ten years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

H. Such other reasonable identification and information as the chief of police may require in order to discover the truth of the matter specified as required to be set forth in the application;

I. The applicant shall have his/her picture taken by the Hawthorne police department or otherwise supply a photograph as directed by the department; and

J. An acknowledgement that by applying for an operator's certificate, the applicant understands that they are responsible for all violations of employees or independent contractors that may take place in the massage establishment which they own or manage and that such violation are grounds for revocation of the operator's certificate.

(Ord. 2125 § 3, 2016)

A. Once the information required by Section 5.58.070 is submitted, the applicant shall have his or her fingerprints taken for a criminal history background (LiveScan) check in the manner directed by the Hawthorne police department.

B. The chief of police or designee shall issue the operator's certificate, unless after investigation he or she makes any of the following findings:

1. The applicant has failed to provide information, documentation and assurances required by this chapter or by the chief of police; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria; or

2. The applicant is a person who has engaged in disqualifying conduct; or

3. There is substantial evidence that the applicant has engaged in disqualifying conduct, even if there is no conviction for such conduct; or

4. The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or

5. The applicant is not at least eighteen years of age; or

6. The applicant is delinquent in paying city fees or penalties owed in relation to any permit issued pursuant to this chapter.

C. Certificates issued pursuant to this section shall remain in effect, unless revoked, for a period of three years. Applications for the renewal of a certificate shall be filed on a form supplied by the city with the chief of police. Temporary certificates shall not be issued and expired permits are not valid unless the certificate-holder has a written receipt showing that the renewal application was filed at least thirty days prior to expiration, without action having been taken by the chief of police. Renewal applications shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by resolution of the city council. A certificate-holder shall be required to update the information contained in his original application and provide any new and/or additional information as may be reasonably required by the chief of police in order to determine whether the permit should be renewed, including all information required by Section 5.58.070 of this chapter. Failure to provide this documentation shall be grounds for nonrenewal of the certificate.

D. If the criminal history background check report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed therewith, or discloses any disqualifying conduct, the applicant shall be subject to denial.

E. Every person to whom a certificate has been granted pursuant to this chapter shall be issued an identification badge by the Hawthorne police department which shall contain the person's name, photograph, expiration date and any other information deemed necessary by the chief of police. The badge shall be worn so as to be readily visible at all times while on the premises of the massage establishment.

F. Certificates issued pursuant to this chapter may not be assigned or transferred.

G. It is the duty of each operator to notify the finance department whenever there is a change in information which was required to be submitted in the application for the operator certificate in the first instance. Such notification shall be in writing and made within ten business days of the change on a form provided by the city.

H. Each operator of a massage establishment shall be responsible for the conduct of all employees and independent contractors working on the premises of the business. Failure of the employees or independent contractors to comply with this chapter may result in the revocation of the operator's certificate.

I. The operator of the massage establishment is responsible for verifying that all persons hold the appropriate CAMTC certificate as required by this chapter.

J. Notwithstanding any other provision of this code to the contrary, when a massage establishment has been closed due to criminal activity and such decision is final, no new massage establishment may open in such location and no certificate of operation shall be issued for such location for a period of two years from the date of such final determination. For purposes of this section, closure due to criminal activity includes voluntary closure of the business after there have been arrests at the location or other notices relating to criminal activity or notices relating to suspension or revocation proceedings.

(Ord. 2125 § 3, 2016)

A. Subject to the procedures set forth in this section, the chief of police may suspend or revoke a certificate issued pursuant to this chapter whenever the chief of police determines that any of the following has occurred:

1. The operator is conducting or allowing the conduct of operations in a manner contrary to the provisions of this code;

2. The operator is conducting or allowing the conduct of operations in a manner which constitutes a public nuisance;

3. The operator is conducting or allowing the conduct of operations in a manner which is detrimental to the health, safety or welfare of the city or its inhabitants;

4. There is evidence of prostitution;

5. The chief of police makes any of the findings that would have justified denying the application in the first instance.

B. If, in the discretion of the chief of police, an alleged violation is minor and capable of correction, then prior to suspension or revocation a written notice shall be given to the operator of the alleged violation(s) involved to allow a period of time to correct the alleged violation(s), which period shall not exceed five business days, at the end of which period, an inspection shall be conducted to determine whether the alleged violation(s) has been corrected. For purposes of this section, written notice shall include either a notice of violation or an administrative citation issued by the police department.

C. If the chief of police determines that an alleged violation is not minor or capable of correction, that an alleged violation(s) continues without correction, or that there have been previous violations of this chapter, even if for different reasons, then the chief of police may issue a notice of intent to suspend or revoke, along with an administrative or criminal citation.

D. Examples of a violation which will be determined by the chief of police to be not capable of correction include but are not limited to substantial evidence of prostitution activity on the massage establishment premises or an immediate threat to public health, safety or welfare.

E. Notice of Intent to Suspend or Revoke. A notice of intent to suspend or revoke shall contain a statement of an alleged violation(s) which constitutes the basis for the suspension or revocation, notice of the right of the permittee to respond to the charges in writing to the chief of police for a pre-appeal determination, notice of the right to appeal to the city manager, and notice that a failure to respond in the time specified shall constitute a waiver of the right to respond, but not the right to appeal. If an alleged violation is capable of correction, the notice shall also advise the certificate-holder to correct the alleged violation(s) within the time to respond.

F. Response to Notice of Intent/Pre-appeal Determination.

1. The time to respond and request a pre-appeal determination shall be five business days from the date of service of the notice, regardless of whether the materials upon which the notice of intent is based are provided to the permittee at that time.

2. If there is no response, the certificate shall be considered suspended or revoked upon the expiration of time in which to respond and request a pre-appeal hearing.

3. If there is a response, the certificate shall remain in effect until a determination is made by the chief of police. In no event shall the chief hold a hearing until at least five business days have passed from the time the city provides the materials upon which the notice of intent is issued to the certificate-holder.

G. Suspension or Revocation. If, after consideration of the certificate-holder's response, the chief of police determines that the notice of intent to suspend or revoke should be upheld, then the chief of police or designee shall issue a notice of suspension or revocation and serve it upon the operator as well as any other interested person requesting a copy of the same. Where all massage activity is required to cease, notice shall also be served on the owner of the property if different from the operator or certificate holder. The notice shall include information about the right to appeal to the city manager.

H. Upon issuance of a notice of suspension or revocation of an operator's certificate, all massage activity at the massage establishment shall cease and no activity for which the operator's certificate is required shall be conducted while any appeal may be pending.

(Ord. 2125 § 3, 2016)

A. Residential Use Prohibited. No part of the establishment shall be used for residential or sleeping purposes. There shall be no massage tables, cots, or beds in the establishment other than as shown on the approved floor plan. Locker facilities shall be provided for all employees and independent contractors and all personal items of the employees and independent contractors shall be kept in the lockers while at the massage establishment.

B. No Alcohol or Drugs on Premises. No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug. Legal over-the-counter drugs and prescription drugs are permitted, provided the individual in possession of the prescription drug is the individual identified on the prescription label. The owner/operator shall not permit any such person to enter or remain on such premises.

C. No Recording of Massage Without Consent. No electrical, mechanical or artificial device shall be used by any massage establishment staff for audio and/or video recording or for monitoring the performance of a massage, of the conversation or other sounds in the massage rooms, without the knowledge and written consent of the patron.

(Ord. 2125 § 3, 2016)

A. Representatives of the city's police department, fire department, planning department, and finance department, and agents for the city from the county health department and representatives of any state or local agencies with regulatory authority over massage establishments shall have the right to enter massage establishments, from time to time, during regular business hours, or at any time that the massage establishment is occupied or open for business, to verify the massage establishment is in compliance with all applicable laws without the need for an inspection or abatement warrant.

B. The operator shall cause to be conspicuously posted so that the same may be readily visible to persons in the reception area of the massage establishment, in letters that are a minimum of one inch in height, a notice in English which provides substantially as follows:

In addition, operators are encouraged to post this notice in language(s) that are best understood by the customers of the massage establishment.

C. No person shall refuse to permit, cause delay of, or interfere with, a lawful inspection or compliance check of the premises by the officials listed in subsection A of this section at any time.

(Ord. 2125 § 3, 2016)

A. The provisions of this chapter shall not apply to the following classes of individuals or groups while engaged in or performing the duties of their respective professions:

1. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly licensed to practice in the state of California.

2. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California, provided that at all times such physicians, surgeons, chiropractors, osteopaths and physical therapists are acting in adherence with the provisions of the state law which govern this field.

3. Registered or licensed vocational nurses duly registered by the state of California.

4. Barbershops and beauty parlors, barbers and beauticians but only when engaged in the practice for which they are licensed by the state of California, i.e., massage above the neck and shoulders, hands and arms, and below the knee.

5. Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment.

6. Trainers of any amateur, semi-professional or professional athlete or athletic team.

7. Physical therapist students and massage therapist students earning practical hours for school/education, and who are currently enrolled in a licensed program for physical therapy through a recognized school/education center, can work, under the direct supervision of an exempted professional as defined in this section. Direct supervision means that an exempted professional, as defined in this section, must be present at all times when a student is performing their duties.

B. Exemptions do not apply to independent contractors of the listed exempted professionals.

(Ord. 2125 § 3, 2016)

The owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business.

(Ord. 2125 § 3, 2016)

Any person violating this chapter shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. 2125 § 3, 2016)

Any establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. The city attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter.

(Ord. 2125 § 3, 2016)