Hermosa Beach Municipal Code Ch. 5.74 Massage Establishment

Contents:

5.74.010 Adoption of the Massage Establishment Ordinance.

5.74.020 Copies filed.

5.74.030 Amendments.

5.74.040 Penalties.

5.74.050 Nuisance.

(Ord. # 21-1441 §2, adopted 12/14/2021, effective 01/13/2022)

Title 7, Division 2, Chapter 7.54 “Massage”, Title 11, Division 1, Chapter 11.36 “Massage Establishments”, and Title 8, Division 1, Chapter 8.04, Part 8, Article 2 “Signs”, of the Los Angeles County Code, as amended and in effect on January 13, 2022 are hereby adopted by reference, subject to the amendments set forth herein, and shall henceforth collectively be known as the “Massage Establishment Ordinance” of the City of Hermosa Beach.

(Ord. # 21-1441 §2, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022

A certified copy of Title 7, Division 2, Chapter 7.54 “Massage” Title 11, Division 1, Chapter 11.36 “Massage Establishments”, and Title 8, Division 1, Chapter 8.04, Part 8, Article 2 “Signs”, of the Los Angeles County Code, as adopted in Section 5.74.010, has been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public.

(Ord. # 21-1441 §2, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022

1. Notwithstanding the provisions of Section 5.74.010 of this Chapter, whenever any of the following names or terms are used, each such name or terms shall be deemed and construed to have the meaning ascribed to it in this section as follows:

“Board of Supervisors” shall mean and refer to the City Council of the City of Hermosa Beach.

“Business License Commission” shall mean and refer to the City Finance Department.

“Los Angeles County” and “County” shall mean and refer to the City of Hermosa Beach.

“Tax Collector” shall mean and refer to the City Finance Department.

“Sheriff’s Department” shall mean and refer to the Police Department of the City of Hermosa Beach.

“Title 7 Division 1” shall mean and refer to Section 7.54.020 of this Chapter.

2. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.005 is amended to read as follows:

In enacting the City of Hermosa Beach Massage Establishment Ordinance, the City Council finds that preventing and addressing human trafficking is a top priority for the City. Violations of the law in the areas of public health, wage and labor and general public safety are often an integral part of human trafficking. The City recognized that when operated professionally and in accordance with the law, Massage Establishments provide valuable health and therapeutic services to the public. However, unregulated Massage Establishments provide an opportunity for illegal activity including vice crimes with links to human trafficking.

The ordinance, and its various provision, collectively seek to curb and prevent the potential for human trafficking and other abuses in Massage Establishments through a combination of enhanced business licensing requirements, including but not limited to inspections, reporting requirements and other operational restrictions as well as existing law enforcement and coordination.

3. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.010 “Definitions” is amended to read in full as follows:

4. "California Massage Therapy Council" or "CAMTC" means the massage therapy organization authorized to issue certifications pursuant to the California Business and Professions Code Section 4600 et seq., the Massage Therapy Act.

5. "Massage Establishment" means any business that offers "massage," "massage services," or "massage therapy," including, but not limited to, reflexology, fomentations, shiatsu, alcohol rubs, Russian, Swedish, Turkish baths, or acupressure or any combination thereof in exchange for compensation at a fixed place of business. Any business that offers any combination of massage and bath facilities - including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs - shall be deemed a Massage Establishment under this Chapter. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than twenty-five (25) percent of the area of the establishment. This definition also specifically excludes adult massage as defined in Section 17.04.060.

6. "Massage," "massage services," or "massage therapy" means the scientific manipulation of the soft tissues or as otherwise defined in Division 2 Chapter 10.5 of the Business and Professions Code.

7. "Sole Proprietor," as used in this Chapter, means a Massage Establishment where the owner owns 100 percent (100%) of the business and is the only person who provides massage services for compensation pursuant to either a valid and active CAMTC certificate or a valid massage technician license. A Sole Proprietor has no employees or independent contractors providing massage services

8. "Massage Therapist" means a person who is certified by the CAMTC under Section 4604 of the California Business and Professions Code administering massage for compensation.

9. "Massage Practitioner" means a person who is certified by the California Massage Therapy Council under Section 4604.1 and 4604.2 of the California Business and Professions Code administering massage for compensation.

10. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraphs (A)-(B) of Section 7.54.020 “License—Required” is amended to read in full as follows:

11. Every person owning or operating a Massage Establishment in the City as defined in this section shall procure a business license set forth in this Chapter, including an owner, manager or operator of a massage therapy business who does not practice massage therapy, and every designated Responsible Massage Therapist who will be responsible for managing or operating the business.

12. Every person desiring to obtain a business license as required by this Chapter shall make an application to the City Finance Department. The applicant shall provide all of the following:

13. The full name, residence address, business address, and telephone numbers of the applicant, and the name under which the proposed business is to be conducted;

14. The full name, business address, residence address, and telephone numbers of any copartners, excluding limited partners, of the applicant;

15. The full name, residence address, business address, and telephone numbers of the property owner, in which the business is to be located, and the written consent of said owner to the operation of the business or a copy of the lease for the premises executed by the owner evidencing such consent;

16. Applicant’s height, weight, color of eyes and hair, age, and date and place of birth;

17. A two-inch square photograph of the applicant taken within sixty (60) days immediately prior to the date the application is filed;

18. A statement in writing by the applicant that he or she certifies, under penalty of perjury, that all information contained in the application is true and correct;

19. Such other identification and information as the Police Chief may require in order to discover the truth of the matters set forth in the application, including the right to take fingerprints, any additional photographs or to confirm the height and weight of the applicant;

20. Record of any conviction of violation of law, excluding minor traffic violations;

21. The nature, name and place of applicant’s business or employment during the five (5) years immediately preceding the date of the filing of the application;

22. If the applicant submits satisfactory evidence that the individual is (1) a Massage Therapist or a Sole Massage Proprietor, or (2) that all persons providing massage therapy service at the business, including are State certified, then the applicant shall not be required to provide the information in subsections (vii) through (x) above.

23. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.020 and 7.54.030 are excluded.

24. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.050 “Prerequisites to License Issuance, Renewal, Denial, Suspension, or Revocation” is amended to read in full as follows:

Section 7.54.050 “Conditions for Issuance of Business License.”

1. The City shall issue or renew the business license only when all of following conditions are met

2. A completed written application form has been filed;

3. The required application fee has been paid;

4. The applicant has complied with all provisions of this Chapter and of the Municipal Code;

5. The building and facilities are found to contain all of the elements necessary to comply with Section 7.54.080 and to comply with all of the health, zoning, fire, building and safety requirements and standards of the State of California and of the City;

6. The applicant has not made any false, misleading or fraudulent statement in the application or in any report or record filed therewith;

7. The applicant has not had a permit or license for a similar type business revoked by the City or any other jurisdiction within the past three years; and

8. A determination has been made by the Chief of Police that the applicant and any employee, agent, partner, director, officer, shareholder, associate, manager or any other person connected with the business for which the applicant is requesting a business license hereunder:

9. Has not been convicted in a court of competent jurisdiction of a violation of Penal Code Sections 266I, 315, 316, 318, or 647(b);

10. Has not been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above mentioned offenses; and

11. Is not required to register under the provisions of Penal Code Section 290.

12. (H) If the applicant submits satisfactory evidence that the individual is (1) a Massage Therapist or (2) a Sole Proprietor, or that all persons providing massage therapy service at the business, are State certified, then subsection (G) of this Section shall not apply, only to the extent that the information requested pertains to the person who is a Massage Therapist.

13. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.060 “Massage Services Performed by Unlicensed Massage Technicians and Non-CAMTC-Certified Massage Technicians is Prohibited” is amended to read in full as follows:

“Massage Services Performed by non-CAMTC-Certified Massage Therapists is Prohibited.”

After the effective date of this ordinance, massage services performed by non-CAMTC certified Massage Therapists is prohibited. A licensee or person required to obtain a Massage Establishment business license pursuant to section 7.54.020 of this Chapter shall not allow massage services to be performed by a Massage Therapist who is not CAMTC certified.

8. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraph (B) of Section 7.54.070 “Inspections for Licensing and Enforcement” is amended to read in full as follows:

9. For purposes of the enforcement of this Title and all other applicable provisions of this Code, the Finance Department may conduct inspections or utilize and rely on the Police Department, Code Enforcement or other City officials responsive for the health, safety and welfare of the public to conduct the foregoing inspections.

10. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraph (N) of section 7.54.080 “Establishment Operating Requirements” is amended to read in full as follows:

11. Contemporaneously with each massage service provided, every Massage Establishment shall keep a complete and legible written or electronic record of the following information: (1) the date and hour that service was provided; (2) the service provided; (3) the name or initials of the employee or independent contractor entering the information; and (4) the name of the Massage Therapist, as defined in Section 7.54.010, administering the service. These records shall be open to inspection and copying by City officials for purposes of enforcing the City’s Code. These records may not be used for any purpose other than as records of service provided and may not be provided to other parties by the Massage Therapist or establishment operator unless otherwise required by law. Such records shall be retained on the premises of the Massage Establishment for two (2) years and be immediately available for inspection during business hours.

12. Notwithstanding the provisions of Section 5.74.010 of this Chapter, Section 7.54.095 “Prohibited Advertising” shall read in full as follows:

No Massage Establishment shall cause to be placed, published, or distributed, including on the internet, any advertising that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 7.54.080, nor shall any Massage Establishment employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this Chapter. No person providing massage services shall advertise in any manner or form that massage is provided for compensation unless a valid license is possessed as required by Section 7.54.020 or is CAMTC certified. Massage Establishments shall not advertise in any manner or form indicating the business provides massage for compensation unless the Massage Establishment possesses a business license pursuant to this Chapter.

11. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.100 “Posting Requirements for Massage Establishments and Massage Technicians” shall read in full as follows:

Posting Requirements for Massage Establishments

Each Massage Establishment shall post in a conspicuous public place the business license issued pursuant to this Chapter. The CAMTC certificate of each and every employee or independent contractor performing massage, massage services, or massage therapy shall be on display in the reception area or similar open public place on the premises. CAMTC certificates of each and every employee or of former employees and or independent contractors are to be removed as soon as those employees or independent contractors are no longer employed by or offering services through the Massage Establishment.

12. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.130 is excluded.
13. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.160 “Hours of Operation” is amended to read in full as follows:

The licensee shall not conduct or operate a massage parlor between the hours of 10:00 p.m. and 7:00 a.m. of any day, or other hours as established by the Planning Commission pursuant to Section 17.40.160 of the City’s Code, and shall exclude all customers, patrons and visitors therefrom between those hours.

14. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.200 is excluded.
15. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.210 “License—Required and Two-Year Compliance Requirements” is amended to read in full as follows:

“License Required”

A CAMTC license is required for all persons performing massage services in any establishment.

16. Notwithstanding the provisions of Section 5.74.010 of this Chapter, Sections 7.54.230, 7.54.240 and 7.54.250 are excluded.
17. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.270 “Identification—Required” is amended to read in full as follows:

Documentary proof of CAMTC certification or a picture identification issued by the City Finance Department shall be worn and clearly visible by all persons providing massages during working hours and at all times when the Massage Therapist is in the Massage Establishment.

18. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.280 “Manager Required” is amended to read in full as follows:

All Massage Establishments licensed under this Title shall have a manager at the Massage Establishment at all times when open to the public for business, except Sole Proprietors. "Manager" means the person(s) designated by the owner or operator of the Massage Establishment to act as the representative or agent of the owner or operator in managing day-to-day operations. The manager must be familiar with the requirements of the City of Hermosa Beach Municipal Code and State laws related to massage therapy, and be capable of communicating, in any language or format, the provisions of State law and City Code related to massage therapy to employees, independent contractors, and patrons of the Massage Establishment.

19. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 7.54.290 shall read in full as follows:

To operate as a Massage Establishment in the City, the business must have a valid business license in addition to any other licenses, permits, or certifications required by applicable City ordinances, the City’s municipal code and State laws.

20. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraph (C) of section 7.54.300 is excluded.
21. Notwithstanding the provisions of Section 5.74.010 of this Chapter, Section 7.54.310 “Massage Establishment Location—Conditional Use Permit Required” is added to read in full as follows:

Before any location and building may be used for the purposes of a massage therapy business, a Conditional Use Permit shall be obtained pursuant to Chapter 17.40 of the Zoning Code.

22. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 8.04.1510 is excluded.
23. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 8.04.1520 “List of Services” is amended to read in full as follows:

A list of services available, minimum duration of the service and the cost of such services shall be displayed in a conspicuous place within the reception area of the Massage Establishment. No owner, operator, or manager shall offer any service other than those displayed or listed as required herein, nor shall owner or operator request or charge a fee for any service other than those on the list of services available and displayed in the reception area.

24. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 8.04.1530 “Prohibited Advertising” is amended to read in full as follows:

25. No Massage Establishment shall cause to be placed, published or distributed, including on the internet, any advertising that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 7.54.320 nor shall any Massage Establishment employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this Chapter. No person providing massage services shall advertise in any manner or form that massage is provided for compensation unless a valid license is possessed as required under this Chapter or is CAMTC certified as applicable.

26. No Massage Establishment shall cause to be published or distributed, including on the internet, any advertising or services that would violate this Chapter.

27. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 8.04.1550 is excluded.

28. Notwithstanding the provisions of Section 5.74.010 of this Chapter, sections 11.36.010, 11.36.020 and 11.36.030 are excluded.

29. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 11.36.070 “Attire Requirements” is amended to read in full as follows:

All Massage Therapists shall meet the attire requirements specified in the California Business and Professions Code section 4609, subdivision (a)(10). All other employees, independent contractors, and owners of the Massage Establishment shall remain fully clothed in clean outer garments while on the premises of the Massage Establishment. At a minimum, such clothing shall be made of non-transparent material and shall cover the entirety of the torso area from above the chest to the knee.

28. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 11.36.090 “CAMTC Certification—Required” is amended to read in full as follows:

29. CAMTC-certification or a picture identification issued by the City Finance Department shall be worn by and clearly visible on the Massage Therapist’s person during working hours and at all times when the Massage Therapist is in the Massage Establishment.

30. Owners operators, Massage Therapists and employees of the Massage Establishment shall not engage in lewd conduct on business premises of the Massage Establishment. Lewd conduct means touching the genitals, buttocks, or female breast of either the owner, operator, employee, or customer with some part of the other person's body for the purpose of sexual arousal or gratification.

31. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 11.36.100 “Manager—Required” is amended to read in full as follows:

While open, all Massage Establishments licensed under section 7.54.020, except Sole Proprietors, shall have a manager as defined in Section 7.54.280 on the premises. The manager must be familiar with and capable of communicating with employees, independent contractors, and patrons of the establishment on the requirements of this Chapter and State law as it related to massage therapy.

30. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraph (A) of section 11.36.120 “Cleanliness” is amended to read in full as follows:

31. Instruments used for massage shall be disinfected prior to each use. Where such instruments for massage are employed, adequate quantities of supplies for disinfection shall be available during all hours of operation.

32. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraphs (E), (F), (I) and (J) of section 11.36.140 “Operating Requirements” are amended to read in full as follows:

33. A Massage Establishment owner shall notify the City Finance Department, of any changes to the owner's address and/or phone number.

34. A Massage Establishment owner shall report to the City Finance Department, any of the following within ninety-six (96) hours of the occurrence:

35. Arrests of any employees, independent contractors, or owners of the Massage Establishment for an offense other than a misdemeanor traffic offense;

36. Any event involving the Massage Establishment owner or an employee employed therein that constitutes a violation of this ordinance or State or federal law;

37. Any provision which requires reporting to the City Finance Department even if the Massage Establishment owner believes that the City Finance Department has or will receive the information from another source.

38. A copy of the CAMTC certificate of each and every employee and/or independent contractor shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or independent contractors shall be removed as soon as employees are no longer employed by or offering services through the massage business.

39. For each massage service provided, every massage business shall keep a complete and legible written or electronic record of the following information: (1) the date and hour that service was provided; (2) the service provided; (3) the name or initials of the employee entering the information; and (4) the name of the Massage Therapist administering the service and the CAMTC certificate number, and business license identification number. Such records shall be open to inspection and copying by the Sheriff's Department, or other officials charged with enforcement of this Chapter. These records may not be used by any Massage Therapist or operator for any purpose other than as records of service provided and may not be provided to other parties by the Massage Therapist or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two (2) years and be immediately available for inspection during business hours.

40. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 11.36.190 is amended to read in full as follows:

Any City of Hermosa Beach officials, including but not limited to the City’s Police Department, Code Enforcement or other City officials responsive for the health, safety and welfare of the public to conduct the following inspections, shall have the right to enter the premises from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes.

33. Notwithstanding the provisions of Section 5.74.010 of this Chapter, paragraph (B) of section 11.36.160 is amended to read in full as follows:

34. Adequate dressing rooms shall be provided for patrons. Dressing rooms will be used only by patrons of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage is being performed. If the massage takes place without disrobing of patrons, then separate dressing rooms are not required for each patron. A location for each patron served to safely store their valuables shall be provided such as a locker.

35. Notwithstanding the provisions of Section 5.74.010 of this Chapter, section 11.36.200 “Abatement” is amended to read in full as follows:

Any Massage Establishment operated or maintained in a manner contrary to the requirements of this Chapter or as deemed by the City’s Police Department, Code Enforcement or other City officials responsive for the health, safety and welfare of the public, is hereby declared to be unlawful and a public nuisance.

35. Notwithstanding the provisions of Section 5.74.010 of this Chapter, sections 11.36.210, 11.36.220 and 11.36.230 are excluded.

(Ord. # 21-1441 §2, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022

The violation of any of the provisions of this Chapter or regulations adopted pursuant hereto shall constitute a misdemeanor punishable as provided in Section 1.04.020.

(Ord. # 21-1441 §2, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022

In addition to the penalties hereinabove provided, the violation of any of the provisions of this Chapter or regulations adopted pursuant hereto shall constitute a nuisance and may be abated by the City through civil process means of restraining order, preliminary or permanent injunctions or in any other manner provided by law for the abatement of such nuisances as provided in Section 1.04.050(C).

(Ord. # 21-1441 §2, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022