Irwindale Municipal Code Art. I Massage Establishments

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:

"Director" means the director of finance of the city, or his or her designee.

"Employee" means any and all persons, other than a massage technician, who may render any service to the permittee, and who receives compensation from the permittee or his agent.

"Hearing officer" shall mean the city manager of the city, or his or her designee.

"Massage" means any method of treating the external and/or internal parts of the human body for remedial, health or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external or internal parts of the human body with the hands or other parts of the human 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, powders, creams, lotions, ointments or other similar preparations.

"Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership or corporation engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, mechanical, 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. A massage establishment shall include a day spa, as that term is defined in Chapter 17.08.

"Massage technician" includes a massage technician, massage trainee, masseur, masseuse, and means any person who administers to another person, for any form of consideration or for no charge at a massage establishment, massage as defined, or baths, manipulation of the body, electric massage procedure or similar procedure.

"Out-call massage service" means any business where the primary function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer.

"Permittee" means any person, firm, partnership or corporation having a permit issued hereunder.

"Recognized school of massage" means any school or institution of learning which teaches the theory, ethics, practice, profession and work of massage, and which has been approved pursuant to the California Education Code. A school offering a correspondence course not requiring attendance shall not be deemed a recognized school for purposes of this chapter. The city shall have the right to confirm that the applicant has actually attended class in a recognized school.

(Ord. 608 § 1, 2006; Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

A. It is unlawful for any person, firm, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the operation of a massage establishment as herein described, without first having obtained a permit issued by the city pursuant to the provisions set forth in this chapter. Said permit shall immediately be surrendered to the director upon suspension, revocation, or expiration thereof.

B. A permit under this article shall be valid for twelve months from the date of issuance unless revoked or suspended. The permit required shall be in addition to any business license required by city ordinance or any other permit required for such use including, but not limited to, any conditional use permit or other similar entitlement for use.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

The provisions of this chapter shall not apply to the following classes of individuals 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;

B. Nurses registered under the laws of the state of California;

C. Barbers and beauticians who are duly licensed under the laws of the state of California while engaging in practice within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp of the customer;

D. Hospitals, nursing homes, sanatoriums or other health care facilities duly licensed by the state of California;

E. Accredited high schools, junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment;

F. Accredited trainers of recognized amateur, semiprofessional or professional athletes or athletic teams.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

A. Any person, firm, corporation or partnership desiring to obtain a permit to operate a massage establishment shall make application under penalty of perjury to the director. Prior to submitting such application, a nonrefundable fee in an amount established by the city council shall be paid to the city to defray the cost of the investigation and report required by this article. A copy of the receipt showing payment of the required fee shall accompany the application.

B. The application and fee required under this section shall be in addition to any license, permit or fee required under any other chapter of this code or ordinance heretofore or hereafter adopted.

C. The application for permit does not authorize conducting a massage establishment until such permit has been granted.

D. Each applicant for a massage establishment permit shall submit the following information:

1. The full true name under which the business will be conducted;

2. The present or proposed address where the business is to be conducted;

3. The applicant's full, true name, any other names used, date of birth, California Driver's License number or California identification number, Social Security number, present residence address and telephone number, sex, height, weight, color of hair and color of eyes;

4. Previous two residences of the applicant and the inclusive dates at each address;

5. The applicant's business, occupation and employment history for five calendar years preceding the date of application, and the inclusive dates of same;

6. The permit history of the applicant, including whether such person has ever had any 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 was revoked or suspended, or if a vocational or professional license or permit was issued, revoked or suspended, and the reason(s) therefor;

7. All convictions for any crime involving conduct which requires registration under any law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any law similar to and including California Penal Code Sections 314, 315, 316, 318 and 647, or any crime involving dishonesty, fraud, deceit or moral turpitude;

8. A complete definition of all services to be provided;

9. The name, address and date of birth of each massage technician, aide, trainee or employee who is or will be employed in said establishment;

10. The name and address of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section wherein the business or profession of massage is carried on;

11. Acceptable written proof that the applicant is at least eighteen years of age;

12. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation and a statement of the cor-poration's good standing in its state of incorporation;

13. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of Section 9.64.040(D)(12) pertaining to corporate applicants shall apply;

14. The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter; however, only one application fee shall be charged. The corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing employee who meets such requirements is designated in writing. If no such person is designated within ninety days, the corporation or partnership permit shall be deemed canceled without further notice and a new initial application for permit must be filed;

15. The director may require the applicant to furnish fingerprints from an approved source when deemed necessary for the purpose of establishing identification. Any required fingerprinting fee will be the responsibility of the applicant;

16. Two color portrait photographs of the applicant, two inches by two inches in size;

17. A description of any other business to be operated on the same premises, or any adjoining or abutting premises, owned or controlled by the applicant;

18. The name and address of the owner and lessor of the real property upon or in which the business 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 acknowledgment from the owner of the property that a massage establishment will be located on said property;

19. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth and/or completeness of the statements set forth in the application;

20. The applicant shall submit any change of address or fact which may occur during the processing of the application for a massage establishment permit.

E. The applicant, if an individual, or designated responsible managing employee if a partnership or corporation, shall personally appear at the finance department and produce acceptable proof that the application fee has been paid and shall present the application containing the required information as described in this section.

F. 1.

A certificate of compliance from both the city building and Safety Department and the Los Angeles County health department shall be submitted by the applicant prior to the application approval. Any required inspection fees shall be the responsibility of the applicant.

2. If the certificates of compliance are not received by the director within ninety days of the date of filing, the application shall be deemed void. If any land use permit or other entitlement for use is required, such permit or use shall be applied for and received prior to the massage establishment permit becoming effective.

G. The director shall have not more than sixty calendar days to investigate the application's content and the background of the applicant. Upon the completion of the investigation, the director shall grant the permit if it is found that:

1. The required fee has been paid;

2. The application conforms in all respects to the provisions of this chapter;

3. The applicant has not made a material misrepresentation in the application;

4. The applicant, if an individual, or any of the stockholders of the corporation, or any officers or directors, if the applicant is a corporation, or any partner if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under any law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any law similar to and including California Penal Code Sections 314, 315, 316, 318 and 647, or any other crime involving dishonesty, fraud, deceit or moral turpitude;

5. The applicant has not had a massage establishment, massage technician or other similar permit or license denied, revoked or suspended by the city, or any state or local agency prior to the date of approval;

6. The applicant is at least eighteen years of age;

7. The massage establishment as proposed by the applicant complies with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

H. If the director, following investigation of the applicant, determines that the applicant does not fulfill the requirements as set forth in this chapter, the director shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in Section 9.64.440.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage establishment, unless each and all of the following requirements are met:

A. Each person employed or acting as a massage technician shall have a valid permit issued by the director. It shall be unlawful for any owner, manager, operator, responsible managing employee or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, current and unrevoked massage technician permit issued pursuant to this chapter and which is worn in a manner and on the person in a location which has unimpeded visibility during working hours.

B. The possession of a valid massage establishment permit does not authorize the permittee to perform work for which a massage technician permit is required.

C. Massage and bath operations shall be carried on or conducted, and the premises shall be open to the public, only between the hours of seven a.m. and ten p.m.

D. A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable language. No owner, manager, operator, responsible managing employee or permittee shall permit, and no massage technician shall offer or perform, any service other than those posted.

E. The massage establishment permit and a copy of the permit of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises.

F. Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each customer, the name of the massage technician administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the director. Such records shall be open to inspection only by officials charged with enforcement of this chapter and shall be used for no other purpose, including use of the file by owners and employees of the establishment. Any unauthorized disclosure or use of such information by any officer or employee of the city or the county of Los Angeles or the owner or employee of the massage establishment shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two years from the date the same is prepared.

G. Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored, in a sanitary manner, in enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate receptacles approved by the city or the county health department.

H. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons.

I. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the county health department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the health department after each use. All walls, ceilings, floors and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition.

J. Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized using approved sterilizing methods prior to use on any subsequent customer(s).

K. All employees, including massage technicians, shall be clean, and wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic area, buttocks or chest. Massage technicians shall maintain the massage technician permit visibly on their person during business hours.

L. No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, under the influence of or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises.

M. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

N. No massage establishment granted a permit under this article shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in Section 9.64.010(D) of this article, nor shall any massage establishment or out-call massage service employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Section 9.64.010(D) of this article.

O. No service enumerated in Section 9.64.010(D) of this article may be carried on within any cubicle, room, booth or any area within a massage establishment, which is fitted with a door capable of being locked.

P. All exterior doors shall remain unlocked during business hours.

Q. A massage shall not be given and no patron shall be in the presence of a massage technician or other employee unless the patron's genitals are fully covered by a nontransparent covering and, in addition, a female patron's breasts are fully covered by a nontransparent covering.

R. No massage establishment shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, unrevoked permit. This requirement is not applicable to day spas during such times as massages are not administered.

(Ord. 608 § 2, 2006; Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

Every massage establishment shall maintain facilities meeting all of the following requirements:

A. Any signs shall be in conformance with the current ordinances of the city.

B. Minimum lighting shall be provided in accordance with Article 220 of the National Electric Code or successor provision or provisions, and, in addition, 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.

C. Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code or successor provision or provisions.

D. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

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

F. Closable cabinets shall be provided for storage of clean linens.

G. Adequate bathing, dressing, locker and toilet facilities shall be provided patrons. A minimum of one tub or shower and a dressing room containing separate lockers which are capable of being locked must be provided for each patron. Separate toilets and wash basins must be provided for male and female patrons.

H. A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

I. Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the county heath department.

J. Proof of compliance with all applicable provisions of this code and the applicable ordinances shall be provided prior to the issuance of any permits.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

The police chief, planning director, director and the Los Angeles County health department, or their authorized representatives, shall have the right to enter the massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws and provisions of this chapter.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

No massage establishment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons, and 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 deemed terminated and void; provided and excepting, however, that 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 each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partners in a partnership granted a permit hereunder may make application to the director, together with the fee established by the city council therefor, 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 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 director, together with a 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.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

A. A change of location of a massage establishment may be approved by the director provided all ordinances and regulations of the city and county health department are complied with.

B. No permittee shall operate under any name or conduct any establishment under any designation not specified in the permit.

C. Any application for an expansion of a building or other place of business of a massage establishment shall require compliance with this article.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

A.1. The holder of the permit to operate or conduct a massage establishment shall notify the director, in writing, of the name and address of each person employed, including massage technicians, at such establishment within five calendar days of said person being employed.

2. The requirements of this section are in addition to the other provisions of this article, and nothing contained herein shall relieve the permittee of the responsibility of ascertaining, prior to employment, whether an employee has a current, unrevoked massage technician permit.

B. If, during the term of a permit, the applicant has any change in information provided on or concerning the original application or permit renewal application, written notification must be made to the director in writing, within ten business days of the change.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

A massage establishment licensed under this chapter shall submit an application for renewal thirty days prior to the expiration thereof. The renewal application shall be submitted together with the requisite fee as established by the city council. Approval of the renewal application shall be contingent upon satisfactory compliance with all pertinent provisions of this chapter.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

The provisions of this article shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of the ordinance codified in this article, except that massage establishments legally in business prior to said effective date shall have ninety days or until the expiration of the current business license, whichever is greater, to comply with the terms hereof.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).