Chapter 5.58 — MASSAGE ESTABLISHMENTS

Editor's note— ORD-18-0018 § 1, adopted July 10, 2018, amended Ch. 5.58 in its entirety to read as herein set out. Former Ch. 5.58, §§ 5.58.010—5.58.200 was entitled "Massage," and derived from: Ord. C- 6260; Ord. C-6325; Ord. C-6862; Ord. C-6979, 1992; Ord. C-6994, 1992; Ord. C-7333, 1995; Ord. C-7423, 1996; and Ord. C-7546, 1998.

The purpose of this Chapter is to promote the public health, safety and welfare as follows:

A.

This Chapter will regulate lawful massage businesses pursuant to Government Code sections 51030 et seq., and 37101, and California Business and Professions Code sections 4600 et seq., 16000, and 16100, and by virtue of Section 7 of Article XI of the Constitution of the State of California.

B.

There is significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this Chapter provides reasonable safeguards against injury and economic loss.

C.

There is opportunity for acts of prostitution, sex trafficking, and/or other unlawful sexual activity to occur in massage establishments, and this Chapter provides safeguards against these practices.

D.

The permit requirements and restrictions imposed by this Chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Long Beach, as well as to ward against illegal sexual commerce.

(ORD-18-0018 § 1, 2018)

A.

"Acupuncture" is the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electro acupuncture, cupping, and moxibustion. "Acupressure" is based on a theory similar to acupuncture except that it stimulates acupuncture points by the application of pressure rather than needling.

B.

"Adult-oriented merchandise" is any sexually-oriented implements, paraphernalia, or novelty items, such as but not limited to: condoms and sexually-oriented items that are designed or marketed primarily for the stimulation of human genital organs.

C.

"Applicant", in the case of a massage establishment permit, means an individual, or if not an individual, the general partner, chief executive officer, chief advisor, or other person(s) responsible for the ownership and operation of the massage establishment, who applies to obtain a permit under this Chapter.

D.

"California Massage Therapy Council" or "CAMTC" means the Massage Therapy organization formed pursuant to California Business and Professions Code Sections 4600 et seq.

E.

"Certified massage practitioner" or "practitioner" means a person who is currently certified as a massage practitioner by the CAMTC.

F.

"City" shall mean the City of Long Beach, California.

G.

"Chief of Police" is the Chief of Police of the Long Beach Police Department or his or her designee.

H.

"Director of Financial Management" is the Director of Financial Management or his or her designee.

I.

"Employee" means any owner, partner, operator, manager, supervisor or worker, (whether part-time, full- time, temporary, or permanent) whether paid or not, who renders personal services of any nature in the operation of a massage establishment in exchange for any form of compensation from the business.

J.

"Independent contractor" means a certified massage practitioner who works at a separate massage establishment, but is not a salaried employee and does not share a percentage of massage proceeds with that massage establishment. An independent contractor is also considered an individual massage establishment for purposes of compliance with this Chapter.

K.

"Massage", "massage therapy", or "bodywork" means the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Examples of massage include but are not limited to Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology.

L.

"Massage establishment" means any business that offers massage therapy in exchange for compensation. Any business that offers any combination of massage and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs shall be deemed a massage establishment under this Chapter. Massage establishment includes a certified massage practitioner who is the sole owner or operator of a massage establishment, or operating as a sole proprietorship.

M.

"Massage therapist" means any person, including an independent contractor, who provides or administers massage therapy services to another person for any form of consideration or compensation whether for the massage, as part of other services or a product, or otherwise. For purposes of this definition, "massage therapist", "massage technician", "massage practitioner" and "masseuse" shall have the same meaning.

N.

"Managing employee" is any employee of a massage establishment who has been designated by the massage establishment permittee to manage the business.

O.

"Massage Establishment Permit" means the Massage Establishment Permit to engage in the business of massage therapy where required by this Chapter and as issued by the Director of Financial Management.

P.

"Permittee" is any person possessing a permit required and issued under this Chapter, or any owner or operator of the permitted massage establishment.

Q.

"Person" means any individual, co-partnership, firm, association, joint stock company, corporation, joint venture, or combination of individuals of whatever form or character.

R.

"Sexual or genital part" means the genitals, pubic area, anus, perineum of any person and the breasts of any female.

S.

"Sole proprietorship" means and includes any legal form of business organization where the business is owned by one individual (or "sole proprietor").

(ORD-18-0018 § 1, 2018)

A.

No person shall engage in, carry on, or conduct the business of a massage establishment without first having obtained a Business License as prescribed by the provisions of Chapter 3.80, and, where required by this Chapter, a Massage Establishment Permit, a Health Permit, and an Administrative Use Permit as prescribed in Title 21.

B.

No person shall engage in, conduct, or carry on the function of a massage therapist, whether as an independent contractor, employee or owner of a massage establishment, without being certified by the CAMTC as a certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to California Business and Professions Code Sections 4600 et seq. Persons practicing acupressure under the direction of a licensed State of California acupuncturist shall obtain CAMTC certification as required in this Chapter.

C.

Massage Establishment Permit. A massage establishment, except an independent contractor, must be issued a Massage Establishment Permit. A Massage Establishment Permit issued under this Chapter does not authorize the permittee to commence operations pursuant to the permit until the permittee has complied with all business license requirements, zoning/planning requirements, and all other applicable federal, state, and City of Long Beach laws and regulations. A Massage Establishment Permit does not authorize the permittee to provide massage therapy services, and it is unlawful to do so without valid CAMTC certification.

D.

Health Permit. A massage establishment, except an independent contractor, must be issued a Health Permit. A Health Permit shall be issued by the Health Officer when investigation has determined that the proposed massage establishment and its facility and method of operation meets the specifications or conforms to the requirements of this Chapter and any applicable laws and regulations. A Health Permit, once issued, is nontransferable and shall only be valid for the person or entity, location, type of services or activities, and, unless suspended or revoked, for the time period indicated. Any Health Permit fees, including recovery and enforcement costs, shall be determined by resolution of the City Council.

E.

Administrative Use Permit (AUP) for massage as a Primary Use. A massage establishment, other than an independent contractor, where massage is the primary use (over 50%) of the business must apply for and be issued, prior to operation, an Administrative Use Permit (AUP), and such AUP shall be maintained, in accordance with Chapters 21.25 and 21.32 of the Long Beach Municipal Code.

F.

A massage establishment shall not be issued a Business License without a Massage Establishment Permit, Health Permit, or Administrative Use Permit when required by this Chapter.

(ORD-18-0018 § 1, 2018)

A.

The permit requirements of this Chapter shall not apply to the following persons or entities while engaged in the performance of their duties and operating in compliance with any applicable federal, state and/or local law:

Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists who are duly licensed to practice their respective professions in the State.

Barbers, beauticians, cosmetologists, and estheticians who are duly licensed under the laws of the State while engaging in practices within the scope of their licenses.

Hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State.

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

Accredited colleges or universities that offer massage therapy programs whose instructors and students are acting within the scope of their employments or within the scope of their curriculum.

Trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events.

Hotels with over one hundred (100) rooms.

(ORD-18-0018 § 1, 2018)

A.

Each applicant for a Massage Establishment Permit shall, for each separate massage establishment or place of business where massage is to occur, complete and file an application on forms provided by the Director of Financial Management. Such application forms shall require, at a minimum, the following information:

The name, address and telephone number of the applicant and all other persons or owners having a financial interest in the operation of the massage establishment.

The location of the massage establishment or place of business where massage is to occur.

A brief description of the nature of the business and services to be provided.

Proof of Live Scan completion by a representative of the Long Beach Police Department and proof of fingerprint submission to the Department of Justice for processing pursuant to this Chapter for each owner, only if the owner is not CAMTC certified.

If an applicant, himself or herself, intends to engage in, conduct, or carry on the function of a massage therapist, said applicant must provide written proof of the applicant's current, valid certification by CAMTC, and applicants must provide proof of CAMTC certification for any employee(s) who will perform massage services at the applicant's massage establishment and who are known to the applicant at the time of application.

Such other information the Director of Financial Management, the Health Officer, or any concerned City department shall deem necessary for the proper processing and review of the application, in accordance with existing law.

B.

The person whose signature appears on the application shall attest that he or she is a duly authorized representative of the applicant and that the information contained in the application is true and correct.

C.

The application shall be filed under the penalty of perjury. False statements therein will constitute grounds for denial, suspension or revocation as applicable.

D.

An incomplete application shall not be accepted for processing.

E.

If required, each application shall be accompanied by a nonrefundable fee, in an amount established by resolution of the City Council. The application fee shall be used to defray, in part, the costs of the investigation, and is not made in lieu of any other fees or taxes required under this Code. Applicants are required to make separate payment to the Police Department for fingerprinting services as required by this Chapter.

F.

Upon receipt of a completed Massage Establishment Permit application, the Director of Financial Management shall refer the application to all concerned City departments. Such departments shall file a report providing recommendations regarding the approval or denial of the permit with the Director of Financial Management within sixty (60) calendar days after the completed application is filed, except where circumstances beyond the control of the City justifiably delay such response.

(ORD-18-0018 § 1, 2018)

A.

The Director of Financial Management shall make or cause to be made an investigation of the place of business and the manner in which the massage establishment is to be conducted, and if it is found that all provisions of this Code and all applicable laws have been and will be complied with, the Director of Financial Management shall issue the Massage Establishment Permit; otherwise, the application for a Massage Establishment Permit shall be denied.

B.

Massage Establishment Permits shall be valid for one (1) year from the date of issuance, and shall be automatically renewed every year upon payment of the required permit fee, provided that the Director of Financial Management determines that the permittee has complied with the provisions of this Chapter and applicable laws during the preceding permit term.

C.

Every person maintaining, carrying on or conducting any business for which a permit is required by the provisions of this Chapter shall pay a permit fee in an amount established by the City Council by resolution adopted pursuant to Section 5.04.040 of this Code.

(ORD-18-0018 § 1, 2018)

A.

If a City department determines that the applicant does not satisfy applicable requirements of this Chapter, the Director of Financial Management shall deny said permit application in accordance with the provisions set forth in Subsection 5.06.020.A of this Code. The applicant shall have the right of appeal as set forth in Section 5.06.030 of this Code.

B.

The Chief of Police shall recommend denial of a Massage Establishment Permit if, upon completion of a background check for an individual owner(s) who is not CAMTC-certified, it is determined the owner(s) meets any of the following disqualifying grounds:

The applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code section 11225 et seq.) or any similar law in another jurisdiction.

The applicant has been convicted of any of the following offenses during the ten (10) years preceding the date of the application:

a.

Conduct which requires registration under California Penal Code section 290, or which is a violation of Penal Code sections 220, 245.3, 245.5, 266(h), 266(i), 266(j), 286, 288, 314, 315, 316, 318, 647(a), 647(b), 647(d), the sections in Part 1, Title 9, Chapters 7.5 or 7.6 of the Penal Code or equivalent offenses under the laws of another jurisdiction, or any offense involving sexual misconduct with children or adults even if expunged pursuant to Penal Code section 1203.4.

b.

Conviction of, or entry of a plea of guilty or no contest to, an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 of the California Health and Safety Code, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code section 1203.4.

c.

Crimes that are designated in California Government Code section 51032(b).

d.

Any crime involving dishonesty, fraud, deceit, violence, or moral turpitude.

e.

Conspiracy or attempt to commit any of the aforementioned designated offenses.

f.

Convictions to a charge of a violation of California Penal Code sections 415 or 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage therapy.

g.

Conviction of Health and Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058.

h.

Convictions under the laws of other jurisdictions which proscribe the same or similar conduct as the crimes designated above. Convictions that have been expunged and convictions under the laws of other jurisdictions which proscribe the same or similar conduct as the crimes designated above shall be reported.

The applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code sections 11225 et seq. or any similar provisions of law in a jurisdiction outside the state.

C.

The Chief of Police may postpone decision on a permit application until the City of Long Beach receives the applicant's fingerprint review results from the California Department of Justice.

(ORD-18-0018 § 1, 2018)

A.

Noncompliance. Failure to comply with any provision of this Chapter pertaining to a Massage Establishment Permit issuance, or any rule or regulation adopted pursuant hereto, or with any other provision or requirement of law, including, but not limited to, this Code and any grounds that would warrant the denial of initial issuance of a permit hereunder, will constitute grounds for suspension or revocation of

the permit. The suspension or revocation of the permit shall be governed by the provisions of Chapter 5.06 of this Code.

B.

Cease activity. No person shall conduct any business or activity regulated by this Chapter during the pendency of a permit application or at any time after permit denial or revocation, or during the time a permit therefor has been suspended. Any person who engages in any business after a permit has been suspended or revoked and before such permit has been reinstated or a new permit issued, shall be guilty of a misdemeanor.

C.

Unless otherwise specifically provided by law, the burden is on the applicant or permittee in any hearing under this Chapter to prove that the determination of the City or an authorized representative which he or she is appealing is unreasonable, erroneous, or clearly abusive of discretion.

(ORD-18-0018 § 1, 2018)

A.

Whenever a Massage Establishment Permit application has been denied or a Massage Establishment Permit has been revoked, no other such application or permit shall be considered for a period of one (1) year from either the date notice of the denial or revocation was mailed, or the date of the final decision of the City Council, whichever is later.

B.

For the purposes of this Section, the massage establishment business license and the Massage Establishment Permit shall be one and the same, and in the event one is suspended, denied or revoked, the other is simultaneously and automatically deemed suspended, denied or revoked.

C.

This Section applies to any person whose Massage Establishment Permit was revoked or whose Massage Establishment Permit application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership, or a person owning or possessing fifty percent (50%) or more of the shares of a corporation, who seeks to obtain a new Massage Establishment Permit. This shall also apply to a corporation, profit or nonprofit, whose permit was revoked or application denied, and to any of its directors or officers or to any person who owned fifty percent (50%) or more of its shares, who attempts by way of a new corporation or by the use of their individual names or by becoming a member of a partnership or a director, officer or person owning or possessing fifty percent (50%) or more of the shares in another corporation to obtain a new Massage Establishment Permit. Whenever any Massage Establishment Permit is suspended, the provisions of this Section shall apply to the permittee during the period of suspension.

(ORD-18-0018 § 1, 2018)

A.

No Massage Establishment Permit issued hereunder shall be sold, transferred, or assigned by the permittee, or by operation of law, to any other person, or from one location to another location for any purpose. Any such sale, transfer, assignment, attempted sale, attempted transfer or attempted assignment shall constitute an immediate revocation of the permit, and the permit shall thereafter be null and void.

B.

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

C.

If the information required in the permit application changes, a new Massage Establishment Permit is required before the business may continue to operate as a massage establishment. For example, if an owner or operator to whom a permit has been issued changes a business location, that owner or operator must apply for a new permit prior to operating a massage establishment at the new location; or, if the massage establishment business is sold or otherwise has a change in ownership, the new owner(s) must apply for a new permit for that location before the business may operate as a massage establishment.

D.

Any application for an expansion of a building of a massage establishment shall require compliance with this Chapter and all other applicable laws.

(ORD-18-0018 § 1, 2018)

A.

No person shall be employed in a massage establishment or perform massage therapy or manage or hold an ownership interest in a massage establishment who is not at least 18 years of age.

B.

It is a misdemeanor for the owner, proprietor, managing employee, or any other person in charge of any massage establishment to employ any person under eighteen (18) years of age.

(ORD-18-0018 § 1, 2018)

The Massage Establishment Permit and a copy of the CAMTC certification of each and every massage therapist employed in the massage establishment shall be displayed in an open and conspicuous place on the premises. The City massage establishment business license and the Massage Establishment Permit shall be one and the same, as one document shall be issued upon business license and permit approval.

(ORD-18-0018 § 1, 2018)

A.

Every massage establishment and every massage therapist shall comply with local, state, and federal standards for such businesses and practitioners and the following facilities and operations requirements:

The massage establishment's premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the City, county, and state, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.

Massage establishments and massage therapists shall at all times have an adequate supply of clean sanitary towels, coverings, and linens. Towels, non-disposable coverings, and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate receptacles.

In the massage establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected with a disinfectant as needed, and at least once each day when the premises are open. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, ceilings, floors, and other physical facilities for the establishment shall be in good repair, and maintained in a clean and sanitary condition.

All equipment used in the massage therapy operation shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage therapy shall not be used on more than one client unless they have been sterilized, using standard sterilization methods.

Adequate dressing rooms shall be provided to patrons. Dressing rooms may be occupied by no more than one person at a time. Dressing rooms need not be separate from the room in which the massage therapy is being performed.

Separate toilet facilities and washbasins are required for each sex as provided by Sections 8.26.050 and 8.26.060 of this Code. All single-user toilet facilities shall be identified as all-gender toilet facilities by

signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use, per California Health and Safety Code section 118600. Toilet facilities shall be provided in convenient locations within the massage establishment and shall include lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.

A minimum of one 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 therapy services. Soap and sanitary towels shall also be provided at each basin.

Massage therapy shall be provided or given only between the hours of 7:00 a.m. and 10:00 p.m. No massage establishment shall be open and no client shall be in the establishment between 10:00 p.m. and 7:00 a.m.

No alcoholic beverages shall be sold, served, furnished, kept, consumed, or possessed on the premises of any massage establishment, except where authorized by law and, where applicable, approved by the Department of Development Services.

Controlled substances must not be consumed in a massage establishment unless the person has a prescription for the substance.

No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage therapist contractor shall offer or perform, any service other than those permitted under this Chapter.

No permittee or employee of a massage establishment shall:

a.

Expose the sexual or genital part of the permittee or employee in the course of a massage therapy.

b.

Touch or expose the sexual or genital part of any other person in the course of a massage therapy.

c.

Perform massage therapy on a patron with the intent or purpose of arousing, appealing to, or gratifying the sexual desires of said patron.

d.

Perform any task or service associated with the massage establishment in attire prohibited by California Business and Professions Code section 4609(10).

No permittee or employee of a massage establishment 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 that any service is available that is prohibited under this Chapter nor shall any massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this Chapter.

The use or possession of adult-oriented merchandise in or on any part of a massage establishment is expressly prohibited.

Condoms must not be kept or used for any purpose in the massage establishment.

Recordings.

a.

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

b.

No surveillance cameras, or video recording devices of any type, may be installed into rooms in which massage services will be rendered.

Locks prohibited.

a.

No massage therapy shall be conducted within any cubicle, room, booth or treatment room on the premises of a massage therapy business which is fitted with a lock.

b.

All entrance and exit doors on the premises of a massage establishment shall remain unlocked during business hours unless the massage establishment is a business entity owned by one individual with one or fewer employees or independent contractors.

All massage services shall be paid for in the reception area. Massage establishments may utilize a system where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client in the reception area.

A massage establishment must not be used for residential or sleeping purposes unless the massage establishment is properly zoned and has all necessary use permits, and the massage establishment is owned by one individual with one or fewer employees or independent contractors.

No person other than the client and the client's immediate family or guardian is allowed in the massage room while the client is dressing or undressing.

No person other than the client, the massage therapist assigned to the client, and the client's immediate family or guardian are allowed in the massage room if any door into the massage room is closed. Others may be in the massage room so long as all doors to the room are fully open.

Massage establishment personnel or any massage therapist must not inquire as to whether any client is a peace officer.

Artificial or natural light must be provided to produce a minimum of ten (10) foot candles of light in all parts of the massage establishment, in accordance with OSHA Regulations, Standard - 29 CFR, Standard Number 1926.56, Title - Illumination, table D-3, and Article 220 of the National Electric Code.

(ORD-18-0018 § 1, 2018)

A.

It shall be the responsibility of the massage establishment permittee who employs or allows any person acting or purporting to act as a massage therapist, or the employer of any person acting or purporting to act as a massage therapist, to ensure that such person complies with the requirements of this Chapter and all laws, including obtaining and maintaining CAMTC certification.

B.

The massage establishment permittee shall be held responsible for the conduct of all persons on the premises who engage in providing the service of massage therapy. Any act or omission of any person giving massage therapy, or any service of massage therapy, shall be deemed the act or omission of the holder of the Massage Establishment Permit for the purposes of determining whether the permit may be revoked, suspended, or denied. Proof of knowledge of any violation of this section shall not be required for purposes of suspension, revocation, or denial of a Massage Establishment Permit.

(ORD-18-0018 § 1, 2018)

A.

Any business establishment operating as a massage establishment under an existing business license on the effective date of this Chapter shall be brought into full compliance with the provisions of this Chapter not later than one hundred eighty (180) days following the effective date of this Chapter, except where otherwise specified herein.

B.

All persons currently holding a valid massage technician permit issued by the Chief of Police shall have one (1) year following the enactment of this Chapter in which to become a CAMTC certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to California Business and Professions Code Sections 4600 et seq.; failure to comply with this requirement shall result in immediate suspension and/or revocation of the existing permit and/or related license.

C.

Any business that holds itself out as a massage establishment in any way including, without limitation, the advertising and soliciting of massages, will be subject to the provisions of this Chapter, unless expressly exempt by this Chapter.

(ORD-18-0018 § 1, 2018)

A Massage Establishment Permit issued pursuant to this Chapter shall become null and void upon the cessation of the business operations and/or the relocation of the business to a different property or address. Permittees shall notify the Director of Financial Management in writing if at any time during the duration of a permit issued under this Chapter a permittee ceases to do business as a massage establishment.

(ORD-18-0018 § 1, 2018)

A.

The Director of Financial Management, the Health Officer, the Chief of Police, and authorized representatives of concerned City departments are empowered to enter any massage establishment, or other place of business where massage occurs or is suspected of occurring, during any hour in which a massage establishment, or other place of business where massage occurs or is suspected of occurring, is operating, for the purpose of inspection, including the taking of photographs, samples or other items that are plainly visible, to the extent permissible by law, and to enforce any of the provisions of this Chapter, or of any applicable law, rule or regulation governing such places in the City.

B.

No person shall refuse to permit or allow the Director of Financial Management, the Health Officer, any authorized inspector, or any representatives of concerned City departments, to enter, inspect or examine any portion of any massage establishment or other place of business where massage occurs. No person shall interfere with, hinder, or harass, in any manner, any City representative in the inspection or the examination of such massage establishment or other place of business where massage occurs.

(ORD-18-0018 § 1, 2018)

A.

It is the duty of the Chief of Police, or other authorized City officials and their designees, to enforce the rules and regulations in accordance with this Chapter.

B.

Each day a violation exists constitutes a separate and distinct offense. Suspension or revocation of a Massage Establishment Permit shall be governed by the provisions of this Chapter.

C.

Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this Chapter as criminal actions, and the City may also enforce violations of this Chapter as civil and/or administrative actions.

D.

If a person falsely states or advertises or puts out any sign or card or other device, or falsely represents to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner, that person shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, to be assessed and collected in a civil action brought by the City Attorney, District Attorney, or Attorney General.

E.

Unless otherwise stated in this Chapter, violation of any provision of this Chapter is a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than

six (6) months or by both such fine and imprisonment. Revocation of a license or permit or certificate shall not be a defense against prosecution.

F.

Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action(s) or proceeding(s) for the abatement, removal and enjoinment thereof, in a manner provided by law.

(ORD-18-0018 § 1, 2018)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City of Long Beach declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(ORD-18-0018 § 1, 2018)