Lompoc Municipal Code Ch. 5.44 Massage Parlors and Technicians

In this Chapter, unless the context otherwise requires:

"Massage"

includes treating external parts of the human body for medical or hygienic purposes by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or an instrument.

"Massage parlor"

includes a gymnasium, human bodybuilding or reducing studio; salon, establishment, Turkish bath, or steam bath establishment where massage of the body is given.

"Massage technician"

means a person who administers to another for consideration a bath, massage, manipulation of the body, electric vibration, magnetic stimulation, or similar procedure.

"Patient"

means a customer, client, or patron of a massage therapist or massage parlor.

"Permit"

means a permit required and issued under this Chapter.

"Recognized school"

means an institution of learning, which has for its purpose the teaching of the theory, ethics, practice, methods, profession, or work of massage technology and which requires a resident course of study of not less than 200 hours to be given in not less than three calendar months before the student is entitled to a certificate of graduation.

(Prior code § 1127(A); Ord. 1555(09) § 1)

A. Owner-Operator Permit—Facilities. It is unlawful to own or operate a massage parlor within the City without a permit to do so, or to provide massages in any place or facility not complying with the sanitation requirements of Section 5.44.170(A). The Police Chief may issue permits conditionally to insure compliance with this Chapter.

B. Massage Technician Permit. It is unlawful to practice massage or act as a massage technician without a permit to do so. The Police Chief may issue permits conditionally to insure compliance with this Chapter.

C. Operational Restrictions for Massage Parlors. No person required to register under California Penal Code Section 290 shall, with or without pay, operate, manage, or work in or about a massage parlor as owner, proprietor, operator, manager, employee, or in any other capacity.

D. Exposure or Physical Contact. No massage technician or employee of a massage parlor may expose his or her genitals, buttocks, or in the case of a female, her breast(s) in the presence of any patron or customer, nor, in the course of administering a massage, make intentional physical contact with the genitals of any other person.

E. Violation for Causing or Permitting Unlawful Acts. An act or omission, which is unlawful under this Chapter, includes causing, permitting, aiding, abetting, suffering, or concealing the fact of the act or omission.

F. Exemptions. This Chapter does not apply to physiotherapy establishments or to any practice of business governed by California law that preempts local regulation.

G. Penalty for Violation. A person who violates this Chapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or both. Each day during which a violation of this Chapter is committed, continues, or is permitted, constitutes a separate offense. The City Council further finds that violation of this Chapter constitutes a public nuisance, and, in addition to any other remedy at law, is enforceable by means of an injunction sought by the City Attorney.

(Prior code § 1127(B); amended during the 2008 recodification; Ord. 1555(09) § 1)

An applicant for a permit to operate a massage parlor shall apply to the Police Department. The City shall provide the application form and each applicant shall supply the following information under oath:

A. Name and permanent address of the applicant and each person having an interest in the ownership, management, or supervision of the business;

B. Applicant's residence for the preceding five years;

C. Written statements from three or more reliable residents of the City attesting to applicant's good character, sufficient to enable an investigator to evaluate applicant's character and business responsibility;

D. Applicant's birth certificate;

E. Fingerprints taken by the Police Department of, and two recent photographs of, the applicant and each person having an interest in the ownership, management, or supervision of the massage business;

F. Business, occupation, or employment of the applicant for five years immediately preceding the application;

G. A statement regarding whether the applicant, his or her employees, or any person connected with or associated with the applicant as a partner, director, officer, stockholder, or manager, within the ten years immediately preceding application, has been convicted of (including pleading "no contest") a criminal or civil violation of any local, State, or Federal law or regulation; the nature of the offense; and the penalty imposed for it;

H. A descriptive statement of the nature and character of the business;

I. A certificate from a medical doctor that the applicant, within 90 days immediately preceding application, has been examined and is free from contagious, communicable, and venereal diseases;

J. A statement regarding whether the applicant, within the ten years immediately preceding application, has had a similar permit revoked or suspended and the reasons for such revocation or suspension; and

K. Such other identification and information as the Police Chief deems reasonably necessary to determine permit issuance.

(Prior code § 1127(C); Ord. 1555(09) § 1)

The City Council may, by resolution, establish a fee for filing an application for a massage parlor permit or for a massage technician permit and for their renewal.

(Prior code § 1127(D); Ord. 1555(09) § 1)

Upon receipt of an application for permit, the Police Chief shall investigate the background of the applicant and inspect the premises where the applicant proposes to do business.

(Prior code § 1127(E); Ord. 1555(09) § 1)

Not later than 60 days after a complete application is filed, the Police Chief shall issue the permit if he or she finds that all of the following conditions exist:

A. The application is complete and filed as required;

B. The requirements of this Chapter have been or will be met;

C. The business operations of the applicant will be carried on in a building which conforms to all applicable laws, ordinances, and regulations, including building, zoning, health, parking, fire, and safety regulations;

D. The applicant, his or her employees, and each person connected or associated with the applicant as partner, director, officer, stockholder, or manager, within the ten years immediately preceding the application, has/have not been convicted of (including pleading "no contest") any of the offenses listed below. When denial is based upon such conviction, findings shall be made that show a substantial or rational connection between the committed offense and the occupation of massage therapy.

1. A crime involving lewd conduct, including but not limited to California Penal Code Sections 266i, 315, 316, 318, and 647b*;

2. An offense involving the use of force or violence on another*;

3. A crime requiring registration under California Penal Code Sections 290, 311.7, 314, 315, 316, 318, 647(a), 647(b), or 647(d)*;

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

5. The maintenance of a nuisance in connection with the same or similar business operation.*

6. Any other criminal offense, including those of other states, the conviction of which renders the applicant unfit to engage in the operation of, or work for, a massage establishment*; and

7. Any offense committed in another state, which, if committed or attempted in California, would be punishable as one or more of the offenses in this subsection*.

E. The applicant has no contagious, communicable, or venereal disease;

F. The applicant is not in violation of any local, State, or Federal law or regulation;

G. The applicant has not knowingly made a false or misleading statement on the permit application; and

H. The applicant has not had a similar permit previously revoked for good cause within the last year (unless the applicant shows a material change in circumstances since the date of the revocation).

(Prior code § 1127(F); Ord. 1555(09) § 1)

A massage parlor permit is not assignable or transferable.

(Prior code § 1127(G); Ord. 1555(09) § 1)

An applicant for a massage technician permit shall apply to the Police Chief. The City shall provide the application form and each applicant shall supply the following information under oath:

A. The applicant's full name, residence address, and residence telephone number;

B. The name and address of the massage parlor, including the name and address of the owner, where the applicant is to be employed;

C. The names and addresses of all previous establishments where applicant has been employed as a massage technician;

D. A statement regarding whether the applicant, within the ten years immediately preceding application, has been convicted of (including "no contest" pleas) a crime or violation of any local, State, or Federal law, the nature of the offense and the penalty imposed for it;

E. A statement regarding whether the applicant's previous license or permit to engage in the practice of massage has been denied or revoked and, if so, the circumstances of denial or revocation;

F. Fingerprints taken by the Police Department and two recent photographs of the applicant;

G. Applicant's birth certificate;

H. A certificate from a medical doctor that the applicant, within 90 days immediately prior to filing his or her application, has been examined and found free from any contagious, communicable, or venereal disease;

I. A certificate of graduation or course completion from a recognized school, as defined in this Chapter; and

J. Such other identification and information as the Police Chief deems reasonably necessary to determine permit issuance.

(Prior code § 1127(H); Ord. 1555(09) § 1)

Upon receipt of an application for a massage technician permit, the Police Chief shall investigate the background of the applicant.

(Prior code § 1127(I); Ord. 1555(09) § 1)

The Police Chief shall grant the permit within 60 days after the application is filed if he or she finds that all of the following conditions exist:

A. The application is complete and filed as required;

B. The requirements of this Chapter have been or will be met;

C. The applicant, within the previous ten years, has not been convicted of (including "no contest" pleas) an offense involving any of the following:

1. A crime involving lewd conduct, including but not limited to California Penal Code Sections 266i, 315, 316, 318, and 647b*;

2. An offense involving the use of force or violence on another*;

3. A crime requiring registration under California Penal Code Sections 290, 311.7, 314, 315, 316, 318, 647a, 647b, or 647d*;

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

5. Any other criminal offense, including those of states other than California, the conviction of which renders the applicant unfit to engage in operation of or work for a massage establishment*;

6. Any offense committed in another state, which, if committed or attempted in California, is punishable as one or more of the offenses in this subsection*;

7. The maintenance of a nuisance in connection with the same or a similar business operation*.

D. The applicant has no communicable, contagious, or venereal disease;

E. The applicant is not in violation of any Federal, State, or local law or regulation;

F. The applicant has not knowingly made a false or misleading statement on the permit application;

G. The applicant has not had a similar permit previously revoked for good cause within the last year (unless the applicant shows a material change in circumstances since the date of the revocation); and

H. The applicant possesses a certificate of graduation or course completion from a recognized school.

(Prior code § 1127(J); Ord. 1555(09) § 1)

A massage technician permit is not assignable or transferable.

(Prior code § 1127(K); Ord. 1555(09) § 1)

A. A person currently enrolled in a recognized school who has completed at least 25 hours of a massage technician course may apply for a temporary permit as a massage technician trainee.

B. An applicant for a temporary permit as a massage technician trainee shall file an application as provided for massage technician permits. In addition, the applicant shall submit a letter signed by the admissions office of the applicant's recognized school showing applicant's date of enrollment and expected date of graduation. Applicant also shall submit a letter signed by the owner or manager of the licensed massage parlor stating willingness to employ the applicant as a massage technician trainee, working under his or her direct supervision and control, while applicant completes his or her course of study.

C. A temporary trainee permit expires 90 days after issuance and is renewable only once, in case of sickness or accident causing delaying completion of the course of study. The trainee shall comply with all laws, ordinances, and regulations applicable to a licensed massage technician. Failure to do so renders the applicant ineligible for a massage technician permit. Upon presentation of a copy of his or her certificate of graduation or completion of training from a recognized school, a trainee in good standing will be issued a massage technician permit.

(Prior code § 1127(L); Ord. 1555(09) § 1)

Massage parlor permits and massage technician permits are valid during the calendar year issued, or for such other duration as specified on the permit. A person holding a permit who desires renewal shall, not later than 60 days before permit expiration, apply for renewal. Renewal application shall be made on a form prescribed by the Police Chief. The Police Chief may deny the renewal application upon the same grounds as for an original application. The applicant may appeal denial of a renewal permit in the same manner as for an initial application.

(Prior code § 1127(M); Ord. 1555(09) § 1)

The Police Chief may revoke or suspend a massage parlor or massage technician permit on one or more of the following grounds:

A. Fraud, misrepresentation, or false statement contained in the application;

B. Violation of any local, State, or Federal ordinance or regulation; and

C. Existence of grounds for which an original application for permit could be denied.

(Prior code § 1127(N); Ord. 1555(09) § 1)

A. If a permit for a massage parlor or massage technician is denied, revoked, or suspended, an applicant may request a hearing before the City Manager by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. At the hearing, the City Manager shall hear and receive evidence to determine whether the permit denial, revocation, or suspension shall be sustained, reversed, or modified.

B. Pending hearing on permit denial, revocation, or suspension, the permittee may continue to operate in accordance with his or her permit, unless a determination has been made by the Police Chief that the revocation or suspension was effective immediately in order to protect the public health, safety, or welfare or as a result of exigent circumstances. In cases where the public health, safety, or welfare is implicated or where exigent circumstances exist, the permittee shall not be allowed to continue to operate while the City Manager's decision is pending.

(Prior code § 1127(O); Ord. 1555(09) § 1; Ord. 1673(20) §§ 19, 42)

A. Any person aggrieved by the decision of the City Manager may appeal from such decision to the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.

B. During an appeal under this subsection, the permittee may continue to operate in accordance with his or her permit, unless a determination has been made by the Police Chief that the revocation or suspension was effective immediately in order to protect the public health, safety, or welfare or as a result of exigent circumstances. In cases where the public health, safety, or welfare is implicated or where exigent circumstances exist, the permittee shall not be allowed to continue to operate while the City Council's decision is pending.

(Prior code § 1127(P); Ord. 1555(09) § 1; Ord. 1673(20) § 20)

A. Sanitation Requirements. The permittee shall hold the premises open for inspection for safety of the structure and propriety of plumbing, ventilation, heating, and lighting. In addition to other requirements, the permittee shall comply with the following:

1. One artificial white light of at least 40 watts shall be provided in each room where massages are performed;

2. The walls shall be clean and painted with washable, mold resistant paint in all rooms where water or steam baths are given;

3. The walls, ceilings, floors, pools, showers, bath tubs, steam rooms, and all other physical facilities must be in good repair and maintained in a clean and sanitary condition;

4. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower compartments, and toilet rooms shall be cleaned each day the business is in operation;

5. Bath tubs shall be cleaned after each use;

6. Equipment used in the massage operation shall be maintained in a clean and sanitary condition;

7. Separate restrooms shall be provided for men and women;

8. Towels, linens, and items for personal use of operators and patients shall be clean and shall not be used for more than one person. Linens shall be laundered after each use. Heavy white paper may be substituted for sheets if used once and discarded;

9. Dressing and lockable locker facilities shall be provided for each patron.

B. Display of Permits. The owner or operator of a massage parlor shall display in a conspicuous place the massage parlor permit and the permit of each massage technician employed.

C. Exhibition of Identification. Each person practicing massage shall wear an identification card or badge while engaged in the practice of massage. The card shall contain his or her full name, a recent photograph, and be affixed to the clothing so that it is easily visible.

D. Notification of Changes. Every massage business owner or operator shall report immediately to Police Chief all changes of address or ownership of the business and all changes or transfers of massage technicians employed.

(Prior code § 1127(Q); Ord. 1555(09) § 1)

Any member of a department or division responsible for the administration or enforcement of this Chapter may inspect any massage establishment in the City for the purpose of determining if the establishment and its operation are in compliance with this Chapter. Nothing in this Chapter shall limit or restrict the authority of a police officer to enter premises licensed hereunder pursuant to a search warrant issued upon a showing of probable cause to believe that contraband is present or that a crime has been committed or attempted; or without a warrant in case of an emergency or exigent circumstances; or as part of any other lawful entry in connection with a criminal investigation or enforcement action.

(Prior code § 1128; Ord. 1555(09) § 1)