Lancaster Municipal Code Ch. 5.34 Massage Establishments

This chapter shall be known as the city of Lancaster's massage establishments regulations.

(Ord. 868 § 1 (Exh. A (part)), 2007)

The city council finds and declares as follows:

A. Massage is a viable professional field offering the public valuable health and therapeutic services.

B. Properly trained massage therapists are a professional group providing a service to the community while contributing financially to the city and enhancing the local business environment.

C. The city is authorized, by virtue of the State Constitution, and Sections 51030 et seq. of the California Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators, massage therapists and massage therapist trainees and reasonable conditions on the operation of a massage establishment.

D. It is the purpose and intent of this chapter to provide for the orderly regulation of massage establishments and massage therapists in the city by establishing certain minimum standards for the education and conduct of this type of business which will protect the public health and welfare of the citizens of the city.

E. The restrictions and requirements contained in this chapter reduce the burdens on the sheriff's personnel and permit the deployment of the sheriff's personnel such that more serious crimes may be prevented and more important laws be enforced.

(Ord. 868 § 1 (Exh. A (part)), 2007)

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

"Acupressure" means the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use or pressure applied by the acupressurist in order to prevent or modify the perception of pain or to normalize physiological functions, including pain control.

"Acupressurist" means a person who administers acupressure.

"Certificate" means a certificate, issued by a recognized school of massage, certifying completion of the required curriculum in massage training.

"City" means the city of Lancaster.

"City council" means the city council of the city of Lancaster.

"City manager" means the city manager of the city of Lancaster, or his/her designated representative.

"Conviction" or "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

"Customer area" means any area open to customers of the establishment.

"Director" means the director of the housing and neighborhood revitalization or his or her designee.

"Direct supervision" means supervision by a person such as a licensed professional who is present on the premises at all times the person being supervised is working. "Direct supervision" does not necessarily mean that the supervisor must be present in the same room as the employee being supervised, but must be on the premises and able to make a determination whether or not the employee being supervised is complying with the supervisor's instructions, required procedures and applicable standards.

"Disqualifying conduct" means conduct by any person who:

1. Within ten (10) years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within ten (10) years of the date of notice of a proceeding pursuant to Section 5.34.160, has been convicted in a court of competent jurisdiction of:

a. Any misdemeanor or felony offense not described in subsection 3 of this definition which related directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage therapist, or as a massage therapist trainee, or

b. Any misdemeanor felony the commission of which occurred on the premises of a massage establishment; or

2. Within ten (10) years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within ten (10) years of the date of notice of revocation or suspension hearing, whichever is applicable, has had any massage establishment, operator, therapist or trainee license or permit, which was issued by the state of California, or by any county or municipality, revoked; or

3. Has been convicted in a court of competent jurisdiction of:

a. Any violation of Sections 220, 243.4, 261, 264.1, 266e, 266h, 266i, 315, 316, 318, or subdivision (b) of Section 647 of the California Penal Code, or

b. Conspiracy or attempt to commit any such offense, or

c. Any offense in a jurisdiction outside the state of California which is the equivalent of any of the offenses stated in this subsection, or

d. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or

4. Is required to register under the provisions of Section 290 of the California Penal Code; or

5. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state of California; or

6. Has engaged in conduct which would constitute an offense as described in subsection 1 or 3 of this definition, within ten (10) years immediately prior to the filing of any application, or within ten (10) years of the date of notice of revocation or suspension, whichever is applicable.

"Employee" means any person, including a manager, massage therapist or massage therapist trainee, who may render any service to or for the massage establishment permit holder or receives compensation from the massage establishment permit holder or his or her agent.

"Health department" means the Los Angeles County Department of Health Services.

"Manager" means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications for a massage therapist license to qualify as a manager and obtain a massage therapist license.

"Massage" means any method of treating the external parts of the body for remedial, hygienic, relaxation or medical purposes, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing, or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment, or other similar preparations commonly used in this practice. Such services shall include, but are not limited to, any bath, electric or magnetic treatment, acupressure, shiatsu, alcohol rubs, facial massage, fomentations massage, and Russian, Swedish or Turkish baths and other similar actions.

"Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for consideration, massages, as regular functions, including any establishment involving the provision of off-premises massage services, whether or not massage is performed on the premises. For purposes of this chapter, the term "massage establishment" may be applied to include establishments which offer or advertise themselves as providing "relaxation" or "tanning" where the essential nature of the interaction between the operator or employee and the customer involves "massage" as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business.

"Massage therapist" or "massage therapist trainee" means any person who administers to another person a massage in exchange for anything of value whatsoever. For purposes of this chapter, an acupressurist shall be deemed a massage therapist.

"Massage therapist license" means the permit required pursuant to this chapter to act as a massage therapist.

"Operator" means all persons who have an ownership interest, in any manner whatsoever, in the massage establishment and shall include, without limitation, corporations, and each of its officers, directors and stockholders holding more than ten (10) percent of the stock of said corporation; partnerships and each of its partners; limited liability companies and each of its officers, directors and members as well as any other entity by which a massage establishment is operated.

"Operator's permit" means the permit required pursuant to the provisions of this chapter to operate or manage a massage establishment.

"Owner" means the individual(s) whose name appears on the city business permit.

"Person" means any individual, or corporation, partnership, association or other group or combination of individuals acting as an entity.

"Professional massage/somatic association" means an association meeting each of the following requirements:

1. Has tax-exempt status pursuant to Section 501(c) of the Internal Revenue Code;

2. Requires that its members meet minimum education requirements, including participation in at least five hundred (500) classroom hours in the study of anatomy, physiology, hygiene, sanitation, massage theory and practice and ethics of massage practices;

3. Offers and encourages participation in continuing education programs;

4. Has an established Code of Ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the Code of Ethics; and

5. Is open to members of the general public meeting the requirements for membership on a national basis and, in fact, maintains a membership which reflects substantial national participation by persons engaged in the practice of therapeutic massage and is devoted to serving the interests of its members, the public, and the profession.

"Public safety officer" means any sheriff deputy, community service officer or code enforcement officer.

"Recognized school of massage" means any school or institution of learning which teaches the theory, ethics, practice, profession and work of massage, which school or institution of learning has one hundred (100) hours of nonrepetitive instruction and at least seventy-five (75) hours of demonstration and practice of massage techniques before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course has been approved pursuant to California Education Code Section 94915 and has obtained certification under any similar state certification program of another state, if such exists. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of a massage therapist not approved by the California Department of Education shall not be deemed a "recognized school of massage." The city has a right to confirm that the applicant has actually attended class in a recognized school.

"Sheriff" means the sheriff of the county of Los Angeles, or designee thereof.

"Sheriff's department" means the Los Angeles County Sheriff's Department.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Permit Required. It shall be unlawful and a misdemeanor for any person to own or operate a massage establishment within the city without first obtaining an operator's permit pursuant to this chapter. A separate operator's permit shall be required for each separate massage establishment operated by such person.

B. Massage Establishment Regulations.

1. Massage establishments shall be located in a zoning district which permits such use.

2. All massage establishments required to obtain a permit under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the sheriff designating the person or persons with power to act as a manager. The operator and/or manager, shall be responsible for ensuring compliance with this chapter. All operators and/or managers must be able to communicate effectively with city regulatory officials.

3. Each operator shall post and maintain, in compliance with existing state and city laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights. Each operator and/or on-duty manager shall display the operator's permit or a copy thereof in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on-duty manager shall ensure the massage therapist license for each massage therapist employed or otherwise engaged in administrating and manages at the establishment (whether on duty or not) is conspicuously displayed in a public place in the lobby, and that each massage therapist is wearing or has in their possession the identification required by this chapter at all times when in the massage establishment. There must also be posted, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty manager, as well as all on-duty massage therapists. Finally, the hours of operation (which may provide that services are provided by appointment only) between the hours of five a.m. and ten (10) p.m. must be posted at the front entrance and must be clearly visible from the outside.

4. The operator and/or manager shall be responsible for the conduct of all employees while the employees are on the permitted premise. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the massage establishment permit shall be revoked, suspended, denied, or renewed.

5. No operator or manager shall employ any person as a massage therapist or allow any person to administer a massage in the establishment who does not have a valid massage therapist license issued pursuant to this chapter. Every operator and/or manager shall report to the sheriff any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the sheriff. The report shall contain the name of the employee and the date of hire or termination. The operator and/or manager shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the sheriff within five days of the end of said employment.

6. All persons employed in the massage establishment shall be professionally clothed with fully opaque, nontransparent material and shall provide complete covering from mid-thigh to three inches below the collar bone.

7. The operator and/or manager shall maintain a register of all employees, showing the name, nicknames, and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two years following termination of employment. The operator and/or manager shall make the register of employees available immediately for inspection by any public safety officer, upon demand, during business hours.

8. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee shall permit, and no massage therapist shall offer to perform, any service other than those posted.

9. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall have at least one twenty-five (25) watt light activated at all times while the patron is in such room or enclosure.

10. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. Each operator and/or on-duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.

11. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Clean and soiled linen shall be stored separately.

12. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron.

13. The owner must advise the city, in writing, at the time of application of a permit of the business hours and any changes in hours. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of ten (10) p.m. and five a.m. A massage begun before ten (10) p.m. must nevertheless terminate at ten (10) p.m. All customers, patrons shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and at the front entrance clearly visible from the outside.

14. No massage establishment granted a permit under this chapter 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 patrons that any service is available other than those services described in this chapter. Nor shall any massage establishment 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 authorized by this chapter.

15. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the director, in full force and effect at all times, documents issued by an insurance company authorized to do business in the state of California evidencing that the massage establishment is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) for injury or death to one person arising out of the operation of any massage establish and the administration of a massage.

16. Proof of compliance with all applicable provisions of the Lancaster Municipal Code shall be provided.

17. A massage establishment must comply with all state and federal laws and regulations for handicapped customers.

18. The operator and/or on-duty manager consents to the inspection of the massage establishment by the city's building and safety, fire department and sheriff's department and the county health department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met.

19. The sheriff may require that the following notice be posted in the event that any employee of the massage establishment or any person who has aided and abetted an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have been convicted of the offenses included in the definition of disqualifying offenses:

NOTICE TO ALL PATRONS

THE MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT WITHOUT PRIOR NOTICE.

a. The notice set forth above shall be prepared and issued by the director.

b. The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve (12) months following the violation of any of the offenses set forth above.

c. The requirements for posting the notice described in this section is cumulative and in addition to all other remedies, violations and penalties set forth in this chapter, or in the ordinances, rules, or regulations of the city of Lancaster, County of Los Angeles and the state of California.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Permit Required. It shall be unlawful and a misdemeanor for any person to perform or administer a massage for compensation of any kind, or advertise to provide massage services in the city of Lancaster, unless such person possesses a valid massage therapist license issued pursuant to this chapter. The permit holder shall possess a photo identification and shall ensure that his or her massage therapist license is displayed in a conspicuous place in the lobby. Each permit holder shall immediately surrender to the sheriff or director any identification badge and massage therapist license issued by the city upon the suspension, revocation or expiration of such permit.

B. Qualifications. No massage therapist license will be issued unless the applicant meets one of the following two criteria:

1. Holds and maintains a current national certification of the type which require that the massage therapist pass an independently prepared and administered national certification exam which has been recognized by objective standards to fairly evaluate professional levels of skill, safety and competence, as determined by the National Commission for Certifying Agencies (NCCA) or a similar certifying body.

2. Satisfies one of the following conditions:

a. Has completed five hundred (500) hours of instruction in the massage specialty and health enhancement approach from a recognized school of massage as defined in Section 5.34.030 or classes in massage therapy and related topics offered through state approved colleges and universities and has a certificate of graduation;

b. Has a business license issued pursuant to Chapter 5.04 prior to the effective date of this chapter and has completed a minimum of two hundred fifty (250) hours of such training from an approved school and proof of two hundred fifty (250) hours of additional training in:

i. Continuing educational classes in the massage field and related classes offered by a recognized school of massage as defined in Section 5.34.030,

ii. Classes and workshops as in subsection (B)(1) of this section approved by the Board of Registered Nurses for nursing CE credit or approved in Category A by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB),

iii. Programs as in subsection (B)(1) of this section approved and certified by a qualifying professional massage/somatic association as defined by Section 5.34.030, or

iv. Adult education classes in massage and related topics offered through state approved colleges and universities; or

c. Has a business license issued pursuant to Chapter 5.04 prior to the effective date of this chapter and has completed a minimum of one hundred (100) hours of such training from an approved school, and proof of one hundred fifty (150) hours additional training as provided in subsection (B)(2)(b) of this section, and in addition, two hundred fifty (250) hours of practical experience. Proof of practical experience may include, but is not limited to, 1040 tax returns or W-2 tax forms provided to the applicant and certified by the employing professional and documentation of hours;

d. Has a business license issued pursuant to Chapter 5.04 prior to the effective date of this chapter and has completed a minimum of one hundred (100) hours of such training from an approved school, five hundred (500) hours of practical experience, and proof of enrollment in additional training described in subsection (B)(2)(b) of this section for not less than thirty (30) hours per year until such time as the person has completed not less than four hundred (400) hours of such additional training. Proof of practical experience may include, but is not limited to, 1040 tax returns or W-2 tax forms provided to the applicant and certified by the employing professional and documentation of hours. Any permit issued pursuant to this subsection shall be conditional until the requirements have been met and may be revoked at anytime the applicant fails to complete at least thirty (30) hours in each annual period.

C. Massage Therapist Regulations. All massage therapists shall comply with the following conditions and regulations:

1. Massage therapists shall comply with all applicable ordinances, laws, rules and regulations;

2. Except as provided in Section 5.34.100, no massage therapist permitted pursuant to this chapter may conduct any massage or massage services in any locations other than the location specified on the permit;

3. No massage services shall be performed within any cubicle, room, booth or other area in a massage establishment with a locked door. Nothing herein shall prevent the massage therapist, for security purposes, from locking an exterior door while performing massage services;

4. No massage services shall be performed other than those posted in compliance with Section 5.34.040(B)(3) of this chapter;

5. All arrangements for services to be performed shall be made in a room in the massage establishment which is not used for administration of massage services, baths or health treatments, such as a reception area;

6. Arrangements shall be made for all massage services prior to the performance of any service;

7. All persons acting as a massage therapist shall be professionally clothed with fully opaque, nontransparent material and shall provide complete covering from mid-thigh to three inches below the collar bone;

8. No massage therapist shall, in the course of administering any massage service, expose his or her genitals, pubic region, private parts or female breasts below a point immediately above the areolas. No massage therapist shall, in the course of administering any massage service, bath or health treatment, make physical contact with the genitals, pubic region, or female breasts below a point immediately above the areolas of any other person. No massage therapist shall allow any person in the course of receiving any massage, bath or health treatment, to expose to the view of other persons his or her genitals, pubic region, or female breasts below a point immediately above the areolas.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Any person desiring an operator's permit for a massage establishment shall file a written application on the required form with the director who shall refer the application to sheriff's department for investigation. The applicant shall provide any and all information requested by the sheriff's department to complete their investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. An application for an operator's permit shall be completed and signed by the operator of the proposed massage establishment in connection with an initial application, or the massage establishment in connection with a renewal application, if a sole proprietor; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such permit has been properly granted.

B. The application shall contain or be accompanied by the following information:

1. The following information concerning the applicant:

a. Full complete name and all aliases used by the applicant,

b. Current address and all previous residential addresses for ten (10) years immediately preceding the present address of the applicant,

c. Acceptable proof that the applicant is at least eighteen (18) years of age,

d. Height, weight, color of hair, eyes and gender,

e. Two front faced photographs at least two inches by two inches in size,

f. The applicant's complete business, occupation and employment history for ten (10) years preceding the date of application, including, without limitation, the massage or similar business history and experience of the applicant,

g. The complete massage permit history of the applicant; whether such person has ever had any permit issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit, whether the permit was denied, revoked or suspended; and the reason therefor,

h. All criminal convictions, including pleas of nolo contendere, within the last ten (10) years including those dismissed or expunged pursuant to Section 1203.4 of the California Penal Code, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

2. One of the following:

a. A receipt evidencing that the applicant has: (i) obtained an electronic fingerprint scan, also known as Livescan, and (ii) paid any and all fees required to conduct a criminal history check,

b. Authorization for the city of Lancaster to utilize data retrieved pursuant to a criminal history check completed by the sheriff's department within forty-five (45) days of the applicant's submission of its application to the city of Lancaster. Data received pursuant to a background check conducted by the Los Angeles County Sheriff's Department shall be presumed valid;

3. Authorization for the city, its agents and employees to seek verification of the information contained in the application;

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

5. Statements in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this chapter; (b) understands its contents; and (c) understands the duties of an operator or massage therapist, as the case may be, as provided in this chapter;

6. If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the director of such changes within ten (10) business days thereafter, in writing.

C. In addition to the requirements of Section 5.34.050(B), each application for an operator's permit shall contain the following information:

1. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. 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 shareholder. 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 one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged;

2. If the applicant is a partnership, corporation, limited liability company, or other business entity, the applicant must furnish one copy of the document establishing or creating the entity, e.g., a corporation must furnish a copy of its articles of incorporation, a limited partnership must furnish a copy of its certificate of limited partnership, and a limited liability company must furnish a copy of its articles of organization;

3. The precise name under which the massage establishment is to be conducted;

4. The complete address and all telephone numbers of the massage establishment;

5. A complete and current list of the names and residence addresses of all proposed massage therapists and employees in the massage establishment and the name and residence address of the manager(s) or managing employee(s) proposed to be principally in charge of the operation of the massage establishment;

6. A description of any other business operated on the same premise, or within the city of Lancaster or the state of California which is owned or operated by the applicant;

7. The name and address of each person having an ownership interest in 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(s) of the property or the owner's authorized representative that a massage establishment will be located on the property;

8. Statements in writing and dated by the applicant's manager(s) certifying under penalty of perjury that they: (a) have received a copy of this chapter; (b) understand its contents; and (c) understand the duties of a manager, as provided in this chapter.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Any person desiring a massage therapist's permit shall file a written application on the required form with the director who shall refer the application to sheriff's department for investigation. The applicant shall provide any and all information requested by the sheriff's department to complete their investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. An application for a massage therapist's permit shall be completed and signed by the individual applicant. The application for permit does not authorize the practice of massage therapy unless and until such permit has been properly granted.

In addition to the requirements of Section 5.34.050(B), each application for a massage therapist license shall contain the following information:

1. Name, residence address and telephone number; the previous addresses of applicant, if any, for a period of ten (10) years immediately prior to the date of the application and the dates of residence at each;

2. Social security number and driver's license number, if any;

3. Applicant's weight, height, color of hair and eyes;

4. Two prints of a recent passport-size photograph of applicant;

5. Written evidence that the applicant is at least eighteen (18) years of age;

6. Business, occupation or employment of the applicant for the five years immediately preceding the date of application. This information shall include, but not limited to, a statement as to whether or not the applicant, in working as a massage or bodywork technician or similar occupation under a permit or license, has had such permit or license revoked or suspended, and the reasons therefor;

7. The name and address of the recognized school attended, the dates attended, and a copy of the diploma or certificate of completion awarded the applicant. All applicants may be required to furnish additional evidence of enrollment and attendance of the required class hours or if such evidence is not available are subject to an oral interview by the permit administrator or his or her appointee to establish the bona fide completion of educational requirements;

8. The complete massage permit history of the applicant; whether such person has ever had any permit issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit, whether the permit was denied, revoked or suspended; and the reason therefor;

9. All criminal convictions, including pleas of nolo contendere, within the last ten (10) years including those dismissed or expunged pursuant to Section 1203.4 of the California Penal Code, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

10. A statement of the location or locations at which the applicant will be working as a massage therapist, including the full street address and all telephone numbers associated with each location, and the full name of every person having an ownership interest in the establishment or business;

11. Such other identification and information as the city may require in order to discover the truth of the matters required to be set forth in the application.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Upon receipt of a written application for a permit, the director shall conduct an investigation to ascertain whether such permit should be issued as requested. The director shall, within sixty (60) days of receipt of the application, approve, conditionally approve or deny the application. The sixty (60) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation. The director shall issue such permit as requested, unless he or she makes any of the following findings:

1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, has within eight years preceding the date of the application has been convicted for any violation described in the definition of disqualifying conduct in Section 5.34.030;

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

3. The application does not contain all of the information required by Section 5.34.050;

4. In the case of an applicant for an operator's permit, the massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards;

5. The applicant has not satisfied the requirements of this chapter in the time specified;

6. The applicant has not paid the required fee;

7. If the application is denied for failure to comply with subsection (A)(2) or (A)(3) of this section, the applicant may not reapply for a period of six months from the date the application was denied.

B. All operators and managers shall comply with the provisions of Section 5.34.040 and any other applicable provision of the Lancaster Municipal Code.

C. All massage therapists shall comply with all provisions of Section 5.34.050(C) and any other applicable provision of the Lancaster Municipal Code.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. No person shall conduct, participate or engage in any massage in any public place, with or without consideration, unless such person is licensed as a massage therapist pursuant to this chapter.

B. Any massage therapist proposing to engage in the practice of off-premises massage, in addition to identifying the massage establishment where the applicant is to be employed and related information, shall provide a brief description of the practice to be engaged in, including, but not necessarily limited to, information as to the types of locations at which such off-premises massage normally would be provided and whether such services are typically to be provided upon referral by medical professionals, through general advertisement or other means.

C. Massage therapist engaging in the business of off-premises massage shall comply with the provisions of Sections 5.34.050 and 5.34.070, in addition to complying with the following requirements:

1. The practice of off-premises massage shall not be conducted between the hours of ten (10) p.m. and five a.m.; and

2. Any persons performing off-premises massage services as authorized by this chapter shall maintain written record, at the massage therapist's principal place of business, of all off-premises massage services performed. These records shall be retained for at least two years beyond the date services were provided. Record shall be made of each appointment at which massage services were provided and shall include;

a. Date and time,

b. Patron's full name and address,

c. Address where services were provided,

d. Name of the massage therapist providing services;

3. These records shall be open to inspection upon request only by officials charged with enforcement of this chapter or emergency medical personnel. Information within these records shall only be used to ensure compliance with this chapter, or any other applicable state or federal laws, or as necessary in providing emergency medical treatment, and shall remain confidential;

4. Any massage therapist engaged in performing off-premises massage shall, upon demand, produce satisfactory evidence to any public safety officer that his or her license is current;

5. Off-premises massage services shall not be provided at any location owned, leased, rented or under the control of the massage therapist, including residential dwellings and business offices, unless that location is licensed as a massage establishment or is otherwise exempted as provided in this chapter;

6. Off-premises massage, for purposes of this chapter, shall be construed to include massages performed in or at malls, in private offices or other places of business for the employees of that business, or in a private residence for the occupants of said residence.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Every massage establishment operator shall report immediately to the director any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, shareholders holding more than five percent of the outstanding stock of the corporation, officers, directors and partners in any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change of location of any of the premises may be approved by the director provided there is compliance with all applicable regulations of the city of Lancaster.

B. No massage therapist license or establishment permit may be sold, transferred or assigned by a permit, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permit is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the director, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred or assigned. No massage therapist license may be sold, transferred or assigned by a permit, or by operation of law, to any other person or persons.

(Ord. 868 § 1 (Exh. A (part)), 2007)

The city council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this code.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. 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:

1. State licensed physicians, surgeons, chiropractors, acupuncturists, physical therapists or osteopaths;

2. Barbers who are duly permitted under the laws of the state of California while engaging in the practices within the scope of their permits, except that this exemption shall apply solely to the massage of the neck, face, scalp, and hair of a fully clothed customer or client;

3. Hospitals, nursing homes, or sanatoriums duly permitted by the state;

4. Coaches and trainers of amateur, semi-professional or professional athletes or athletic teams acting within the scope of their employment;

5. Coaches and trainers acting within the scope of their employment by accredited high schools, junior colleges, and colleges and universities;

6. Manicurists, pedicurists, cosmetologists acting within the scope of their employment, except that this exemption shall apply solely to the massaging of the hands or feet of a fully clothed customer or client;

7. Teachers and students performing massage as part of the official curriculum of a recognized school of massage, while present at such school, and provided the director has verified its status as a recognized school of massage. This exemption applies only to massage for which no direct or indirect fee or cost is charged or incurred, and/or for which no donation is required or accepted.

B. A massage therapist licensed pursuant to Sections 5.34.050(A) and also operating a massage establishment is exempt from the requirements of Section 5.34.040(A), subject to the following conditions and restrictions:

1. The massage therapist must currently hold a valid massage therapist license issued pursuant to this chapter.

2. The massage therapist must be the only person with any ownership interest in the massage establishment, i.e., the massage therapist is a sole proprietor or is the sole shareholder of the corporation operating the massage establishment.

3. The massage therapist has filed a written notice on the required form with the director indicating that the massage therapist claims to be exempt pursuant to this subsection. The notice shall be completed and signed under penalty or perjury by the massage therapist who will be acting as the sole operator of the proposed massage establishment. Upon receipt of the notice, the director may conduct an investigation to ensure the requirements and conditions of the exemption have been satisfied.

C. A bona fide health club, athletic club, gym, hotel with fifty (50) or more rooms, beauty salon, barber shop or other similar establishment, may offer massage services as an accessory use and is exempt from the requirements of Section 5.34.030(A), subject to the following conditions and restrictions:

1. The massage service shall be clearly incidental to the operation of the business and shall not occupy more than twenty (20) percent of the gross floor area. In no case shall massage services occupy more than one thousand (1,000) square feet.

2. The massage services shall constitute no more than twenty (20) percent of the gross business income of the establishment.

3. The establishment must have any required zoning approval and must identify massage services as a part of the business.

4. Any massage therapist who provides massage services must register his or her name and massage therapist license number with the owner or manager of the establishment.

5. All massage therapists must hold a valid massage therapist license issued pursuant to Section 5.34.050(A).

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage therapist license will be allowed upon prior written notice to the director and payment of the appropriate transfer fee.

B. Permits for massage operators, managers and therapists shall be renewed on a year-to-year basis provided that the permit continues to meet the requirements of this chapter.

C. Applications for the next ensuing permit shall be filed with the director before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty (60) days prior to the expiration of the permit to prevent a lapse of the permit.

D. Renewal applications shall require such information as may be required by the director to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee.

(Ord. 868 § 1 (Exh. A (part)), 2007)

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter, except that massage establishments legally in business prior to the effective date of the ordinance first enacting this chapter for which a business license has been issued shall have to comply with the regulations for massage establishments and massage therapists set forth herein upon expiration of the existing business license.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Violation and Noncompliance. The director may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit shall have the right to appeal to the city council in the time and manner set forth in this section.

B. Revocation and Suspension of Operator's Permit.

1. The director may revoke or refuse to renew an operator's permit if he or she makes any of the findings for denial of a permit under Section 5.34.080 or upon any subsequent violation of any provision within one year following prior suspension under subsection (B)(2) of this section, or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers.

2. The director may suspend an operator's permit for a period of thirty (30) days for each violation of Section 5.34.040(B) or (C).

C. Revocation and Suspension of Massage Therapist License.

1. The director may revoke or refuse to renew a massage therapist license if he or she makes any of the findings for denial of a permit under Section 5.34.080, or upon any subsequent violation of any provision within one year following prior suspension under subsection (C)(2) of this section.

2. The director may suspend a massage therapist license for a period of thirty (30) days for each violation of Section 5.34.050(C).

D. Notice. When the director concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the director shall serve the applicant or permit, either personally or by certified mail addressed to the business or residence address of the applicant or permit, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit to appeal the decision to the city council and the decision will be final if no appeal is filed within the time permitted.

E. Appeal.

1. Any appeal shall be filed in accordance with the uniform appeals procedure set forth in Chapter 2.44 of the code.

2. In the event an appeal is timely filed, a revocation is stayed and shall not be effective until a final decision has been rendered by the city council. A suspension, however, is not stayed by the filing of a notice to appeal. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.

3. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, managers and therapists subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.

(Ord. 868 § 1 (Exh. A (part)), 2007)

Unless otherwise specifically provided by law, the burden is on the applicant or permit in any hearing under this chapter to prove that the determination of the director, which he or she is appealing, is contrary to the provisions of this chapter or clearly abusive of discretion.

(Ord. 868 § 1 (Exh. A (part)), 2007)

A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020(A).

B. Any massage 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 or the district attorney may, in addition to or in lieu of prosecution in a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter.

(Ord. 868 § 1 (Exh. A (part)), 2007)

This chapter and the various parts, sections and clauses thereof are declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby. The city council declares that it would have passed this chapter and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid.

(Ord. 868 § 1 (Exh. A (part)), 2007)