Los Angeles County Municipal Code Part 1 Massage Establishments

The ordinance codified in this Title, together with the additions and amendments to Titles 8, 11, and 22, are collectively referred to as the Los Angeles County Massage Establishment Ordinance. These Titles should be read together to understand applicant's and permittee's legal obligations and the Board of Supervisors' intent in implementing these provisions.

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

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

(Ord. 2020-0008 § 7, 2020.)

As used in Title 7:

A.

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

B.

"Massage Establishment" means any business that offers "massage," "massage services," or "massage therapy," including, but not limited to, reflexology, fomentations, shiatsu, alcohol rubs, Russian, Swedish, Turkish baths, or acupressure or any combination thereof in exchange for compensation at a fixed place of business. Any business that offers any combination of massage and bath facilities - including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs - shall be deemed a Massage Establishment under this Chapter.

C.

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

D.

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

E.

"Massage Technician" means a person who meets the qualification in Section 7.54.200 of this Chapter for an individual license.

F.

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

G.

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

(Ord. 2020-0008 § 8, 2020; Ord. 2016-0001 § 1, 2016: Ord. 91-0079 § 1 (part), 1991.)

A.

Every person as defined in Title 7, Division 1 Chapter 7.02, conducting or managing a Massage Establishment, or any school of massage which provides massage, massage services, or massage therapy for any member of the public for consideration or gratuity of any kind, shall first obtain a license and pay a license fee pursuant to Title 7, Division 1. Sole Proprietors without CAMTC certification, must obtain both a Massage Establishment business license and a Massage Technician license pursuant to Part 2 of this Chapter Sections 7.54.200-7.54.240.

B.

Licensing deadlines are as follows:

As of the effective date of this ordinance, new Massage Establishments must acquire a business license and public health permit prior to conducting business if they do not have an existing business license in accordance with Title 7 or public health permit issued by the County Department of Public Health in accordance with Titles 8 and 11.

Massage Establishments with an existing, valid business license must comply with the amended and new Title 7 ordinance terms at the time of license renewal, except compliance with Section 7.54.290 is required within 120 days of the effective date.

The Massage Technicians of Massage Establishments must comply pursuant to the compliance deadlines stated in Section 7.54.210.

C.

This Part shall not apply to the following classes of persons or entities and a Massage Establishment business license or a Massage Technician license is not required of such persons while engaged in performing the duties of their respective professions:

Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California, and persons working at the place of business and under the supervision of a licensed physician, surgeon, chiropractor, osteopath, or physical therapist.

Nurses who are registered as such under the laws of the State of California.

Hospitals and medical centers.

Barbers and beauticians, estheticians, and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.

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

Trainers of amateur, semi-professional 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.

Acupuncturists who are duly certified to practice their profession in the State of California.

Staff of any location licensed as a health club/gym, provided only one massage table is used at such location and provided such use is incidental to the operation of the health club/gym.

Persons administering massages or health treatment at a single-occurrence athletic, recreational or festival event, such as health fairs, road races, track meets, triathlons and other similar events; provided that all of the following conditions are satisfied.

a)

The massage services are made equally available to all participants in the event;

b)

The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

c)

The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

d)

The sponsors of the event have been advised of and have approved the provision of massage services; and/or

e)

Persons providing massage services are not the primary sponsors of the event.

Licensed persons administering any healing arts treatment in good faith under the provisions of the Business and Professions Code or any other State law.

D.

Sole Proprietors may not operate out of their personal residence.

(Ord. 2020-0008 § 9, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 12230 § 2, 1980: Ord. 11209 § 1 (part), 1975: Ord. 10775 § 1, 1973: Ord. 9749 § 9 (part), 1969: Ord. 8608 § 1 (part), 1964: Ord. 5860 Ch. 2 Art. 11 § 591, 1951.)

The holder of a license required by Section 7.54.020 shall notify the Tax Collector in writing of the name, address, and CAMTC certification number or Los Angeles County Massage Technician license identification number of each Massage Technician within five (5) business days of that person performing massages at the Massage Establishment.

(Ord. 2020-0008 § 10, 2020; Ord. 91-0079 § 1 (part), 1991.)

In addition to the general licensing application requirements of Title 7, Division 1:

A.

The Sheriff's Department shall conduct a criminal background check of the applicant.

B.

Based on the background check results a license may be denied, suspended, or revoked if the applicant:

Is required to register under the provisions of California Penal Code section 290 or register as a sex offender in any state of the United States;

Has convictions, except for minor traffic violations under Penal Code sections for 266h (pimping); 266i (pandering); 314 (indecent exposure, obscene exhibitions, and bawdy and other disorderly houses); 315 (keeping or residing in a house of ill- fame); 316 (keeping disorderly house); 318 (prevailing upon person to visit a place for prostitution); 647 (b) (engaging in or soliciting prostitution); 653.22 (loitering with intent to commit prostitution); or 653.23 (supervision of a prostitute);

Had a business permit or license denied suspended, restricted or revoked by any agency, board, city, county, territory, or state;

Owns or owned any Massage Establishment, or any other businesses that are or were subject to an injunction for nuisance pursuant to Penal Code sections 11225-11235 (red light abatement);

Has convictions for a felony offense involving the sale of a controlled substance; convictions for any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or has any convictions in any other state for an offense which, if committed in this State, is punishable as one or more referenced offenses in this subdivision; or

Within the last five (5) years, had a license or permit governing Massage Establishments in any city, county or state denied, suspended or revoked.

C.

The Business License Commission shall hold a public hearing on every application or renewal for a license as required by this Part 1, consistent with 7.06.040, 7.06.260, and 7.06.261. Notice shall be given pursuant to Chapter 7.10 of this Title. Following a public hearing on the application for Massage Establishment, the Business License Commission shall determine whether the license is granted; conditionally granted; or denied.

D.

Applicants for a Massage Establishment license, including Sole Proprietors, must also obtain a public health permit pursuant to Title 8, Division 1 of Public Health Licenses Chapter 8.04 and Title 11, Health and Safety Code Chapter 11.36.

E.

A Massage Establishment may only operate if it possesses both a valid business license and public health permit pursuant to 7.54.050 of this Chapter.

(Ord. 2020-0008 § 12, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 2, 1971: Ord. 9714 § 12, 1969: Ord. 5860 Ch. 2 Art. 11 § 591.8, 1951.)

Technicians is Prohibited.

After the effective date of this ordinance, massage services performed by unlicensed Massage Technicians or non-CAMTC certified Massage Technicians is prohibited. A licensee or person required by this Part 1 to obtain a Massage Establishment business license shall not allow massage services to be performed by a Massage Technician who is not CAMTC certified unless such Massage Technician possesses a valid Massage Technician license as required by Part 2 of this Chapter.

(Ord. 2020-0008 § 13, 2020; Ord. 2016-0001 § 2, 2016; Ord. 91-0079 § 1 (part), 1991: Ord. 10336 § 4, 1971: Ord. 5860 Ch. 2 Art. 11 § 592.2, 1951.)

A.

A license shall not be issued or renewed pursuant to this Part 1 unless an inspection reveals that the establishment complies with each of the following minimum requirements of this Part 1.

B.

For the purposes of enforcement of this Title and all other applicable provisions of this Code, the Tax Collector may conduct inspections or utilize and rely on the Department of Public Health, the Sheriff's Department, the Department of Consumer and Business Affairs or other County officials responsible for the health, safety and welfare of the public to conduct the foregoing inspections.

(Ord. 2020-0008 § 14, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 1 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.1, 1951.)

All Massage Establishments shall comply with the following operating requirements:

A.

Massage, massage services, or massage therapy are not permitted in rooms, booths, or other areas with doors capable of being locked.

B.

All massages, massage services, and massage therapy must be performed at the Massage Establishment.

C.

The exterior doors and the doors separating the waiting or reception area from the remainder of the Massage Establishment shall remain unlocked during business hours (including electric locking devices), unless the Massage Establishment is owned by a Sole Proprietor.

D.

The windows of the Massage Establishment may not be completely obstructed.

E.

Massage Establishments shall not be used as a sleeping room or for any other residential purpose.

F.

A recognizable and readable sign shall be posted at the main entrance identifying the Massage Establishment. Such sign shall comply with all requirements of all County ordinances, municipal codes, and State laws.

G.

Massage Establishment clients shall enter and exit exclusively through the main entrance of the Massage Establishment. The main entrance shall be the door facing the street or, if no such door exists, the door that is most visible to members of the public passing by the establishment.

H.

Massage Establishments shall comply with the local building code for lighting and ventilation.

I.

The licensee shall not conduct business or operate a Massage Establishment between the hours of 10:30 p.m. and 7:00 a.m. of any day.

J.

A list of the services available, minimum duration of the service, and the cost of such services shall be displayed in a conspicuous place in the waiting or reception area within the massage premises. No owner, operator, manager or Massage Technician shall offer or perform any service other than those on the list of services available and displayed in the reception area.

K.

All payments including tip/gratuity for massage services at a Massage Establishment shall be made in the designated reception area exclusively regardless of form of payment.

L.

All cash registers and credit/debit card point of sale equipment must produce a receipt with a receipt number generated automatically and recorded with each transaction. After the collection of funds, the cashier shall offer a copy of the receipt to the customer. Prior to leaving the cash register or work area for any reason, the cashier will lock the cash drawer and remove the key, keeping it in his or her possession. All cash registers and point of sale equipment must produce end-of-day report totals for verification of the cash and cash equivalents collected and deposited into a bank account.

M.

No alcohol, cannabis or illegal drugs are permitted on premises. No alcoholic beverages, cannabis or illegal drugs may be sold, served, used, consumed, or possessed on the business premises.

N.

Contemporaneously with each massage service provided, every Massage Establishment shall keep a complete and legible written or electronic record of the following information: (1) the date and hour that service was provided; (2) the service provided; (3) the name or initials of the employee or independent contractor entering the information; and (4) the name of the Massage Technician, as defined in Part 2 Section 7.45.200, administering the service. These records shall be open to inspection and copying by County officials for purposes of enforcing the County Code. These records may not be used for any purpose other than as records of service provided and may not be provided to other parties by the Massage Technician or establishment operator unless otherwise required by law. Such records shall be retained on the premises of the Massage Establishment for two (2) years and be immediately available for inspection during business hours.

(Ord. 2020-0008 § 15, 2020; Ord. 2016-0001 § 3, 2016; Ord. 91-0079 § 1 (part), 1991.)

Massage Establishments must comply with the requirements of California Civil Code section 52.6 which requires the posting of notices concerning human trafficking and slavery in a public and conspicuous place.

(Ord. 2020-0008 § 16, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 1 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.2, 1951.)

No Massage Establishment shall cause to be placed, published, or distributed, including on the internet, any advertising that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 7.54.080, nor shall any Massage Establishment employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in

compliance with the provisions of this Chapter. No person providing massage services shall advertise in any manner or form that massage is provided for compensation unless a valid license is possessed as required by Title 7 - Business Licenses, or is CAMTC certified. Massage Establishments shall not advertise in any manner or form indicating the business provides massage for compensation unless the Massage Establishment possesses both a valid public health permit, pursuant to Title 8 and Title 11 and business license.

(Ord. 2020-0008 § 17, 2020.)

Each Massage Establishment shall post in a conspicuous public place each license issued pursuant to this Chapter and each public health permit issued pursuant to Chapters 8.04 and 11.36. The CAMTC certificate or Los Angeles County Massage Technician license of each and every employee or independent contractor performing massage, massage services, or massage therapy shall be on display in the reception area or similar open public place on the premises. CAMTC certificates or Massage Technician licenses of former employees and or independent contractors are to be removed as soon as those employees or independent contractors are no longer employed by or offering services through the Massage Establishment.

(Ord. 2020-0008 § 18, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 1 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.3, 1951.)

The licensee at all times must comply with all sections of the County Code, and violations may potentially result in the loss of licenses or permits. Any violation of the County Code is a violation under Title 7, Section 7.04.320-7.04.380.

(Ord. 2020-0008 § 21, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.6, 1951.)

7.54.140—7.54.160 - Reserved.

No part of a Massage Establishment where massage, massage services, or massage therapy are being conducted shall be equipped with any electronic, mechanical or artificial device capable of being used for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers, except in the designated reception areas.

(Ord. 2020-0008 § 25, 2020; Ord. 91-0079 § 1 (part), 1991.)

The Tax Collector is responsible for administration of this Chapter which may include public education, public outreach, and promulgating guidelines and rules consistent with the provisions of this Chapter and the County Code.

(Ord. 2020-0008 § 26, 2020; Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 592.1, 1951.)