Los Angeles County Municipal Code Art. 1 Public Health Permit

A.

The ordinance codified in this Title, together with the additions and amendments to Titles 7, 11, and 22, are collectively referred to as the Los Angeles County Massage Establishment Ordinance. These Titles should be read together to understand an applicant and permittee's legal obligations and the Board of Supervisors' intent in implementing these provisions.

B.

Part 8 of Chapter 8.04 establishes a public health permit and fee system for Massage Establishments that are subject to State and local laws and regulations relating to public health and safety and Los Angeles County Code, Title 11, Chapter 11.36, Massage Establishments to ensure that County expenses resulting from the County's inspection and enforcement of public health requirements of Massage Establishments are offset by the fees collected.

C.

The authority for this Part 8 and Los Angeles County Code, Title 11, Chapter 11.36 is contained in the California Government Code section 51030 et seq., which expressly provides for the local regulation of Massage Establishments.

(Ord. 2020-0008 § 41, 2020.)

A.

"Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of persons to produce a livelihood or profit, and connotes the efforts of such persons by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this Chapter shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a Massage Technician who is the sole owner, operator and employee of a Massage Establishment operating as a sole proprietorship, as well as a Massage Establishment which employs Massage Technicians. The term "business" excludes massage, massage services, and massage therapy provided at a home-based residence.

B.

"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.

C.

"Client" means the customer or patron who pays for or receives massage services.

D.

"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of monetary value.

E.

"Employee" means any person employed by a Massage Establishment owner who may render any service to the business, and who receives any form of compensation from the establishment.

F.

"Inspection Notification" means a public notification that may be posted by the County Health Officer at a Massage Establishment upon inspection of the establishment. The notice shall have contact information for the Environmental Health division of the Department of Public Health.

G.

"Manager" means the person(s) designated by the owner or operator of the Massage Establishment to act as the representative or agent of the owner or operator in managing day-to-day operations. The manager must be familiar with the requirements of Los Angeles County Code, Titles 7, 8, and 11, and State laws related to massage, massage services, or massage therapy, and be capable of communicating, in any language or format, the provisions of State law and County Code related to massage, massage services, or massage therapy to employees, independent contractors, and patrons of the establishment.

H.

"Massage," "Massage Services," and "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.

I.

"Massage Technician" as used in this Chapter means the following:

Any person(s) who administers to any person, for any form of consideration or gratuity, a massage, massage services, and massage therapy as defined in Section 8.04.1410 of this Chapter. A "Massage Technician" also includes a student at a school of massage who administers massage, massage services, or massage therapy to any person who pays for or gives a gratuity for such, whether the payment or gratuity is to such student or to the school. As used in this Chapter approved school means any school or institution of learning approved pursuant to Division 2, Chapter 10.5 of the Business and Professions Code, or

A Massage Therapist who is certified by the CAMTC under section 4604 of the Business and Professions Code, and who administers massage for compensation, or

A Massage Practitioner who is certified by the CAMTC pursuant to sections 4604.1 or 4604.2 of the Business and Professions Code, and who administers massage for compensation.

J.

"Owner" means a person with ownership interest in a business. An ownership interest shall be deemed to exist when a person has a five (5) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt.

K.

"Reception area" means an area immediately inside the main entrance of the Massage Establishment dedicated to the reception and waiting of patrons of the Massage Establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

L.

"Reflexology" means the application of specific pressure by the use of the technician's hands, thumb, and fingers to reflex points in the client's hands, feet, or ears.

M.

"Sole proprietorship" 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 valid Massage Technician license. A Sole Proprietor has no employees or independent contractors providing massage services and may not operate out of their own personal residence.

N.

"Solicit" means to request, ask, demand or otherwise arrange for the provision of services.

O.

"Vermin" means insects, or cockroaches, mice, rats, and similar pests that carry disease.

P.

"Vermin infestation" means the presence of vermin within the Massage Establishment as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination of premises, massage equipment, linens, and massage tables.

(Ord. 2020-0008 § 41, 2020.)

A.

Any owner of a Massage Establishment shall obtain a public health permit, comply with this Part, Los Angeles County Code, Title 11, Chapter 11.36, State laws, and pay an annual permit fee in the amount set forth in Title 8, Section 8.04.720.

B.

It shall be unlawful for any business to provide massage services for compensation within the unincorporated area of Los Angeles County without obtaining a public health permit as provided in this Chapter.

C.

The effective dates for the Massage Ordinance codified in this Chapter 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 a 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.

Massage Establishments located in incorporated cities must renew the license when it expires. Existing Massage Establishments must obtain a public health permit within 120 days of the effective date of this ordinance.

Massage Technicians in unincorporated County of Los Angeles have two (2) years from the effective date of this ordinance to come into compliance with Chapter 7.54.

(Ord. 2020-0008 § 41, 2020.)

A.

The public health permit application and renewals shall include all of the following information:

Legal name of the Massage Establishment;

Physical Address (no P.O. Box) and telephone number of the Massage Establishment;

Legal names of all owners of the Massage Establishments;

Any other name(s) used by any owner(s) in the last five (5) years;

For all owners, number of the valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government;

Written evidence that the applicant is at least 18 years of age;

A list of all the Massage Establishment employees and independent contractors who are performing massage and their CAMTC certification or if non-certified, a copy of their valid Massage Technician license number;

Residence address and telephone number of all owners of the Massage Establishment;

Business address and telephone number of all owners of the Massage Establishment;

The form of business under which the Massage Establishment will operate (i.e., corporation, general or limited partnership, limited liability company, or other form);

For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the establishment, employees or independent contractors providing massage services; and acknowledging that failure to comply with the Business and Professions Code section 4600 et seq., any local, State, or federal law, may result in revocation of the permit.

If applicable, provide a business license referral from the Los Angeles Tax Collector.

All convictions, except for minor traffic violations.

Any and all violations within the last five (5) years, including revocation, suspensions or denials of any licenses or permits, of any city, county or State laws governing Massage Establishments.

B.

The applicant shall be notified in writing if the application is incomplete and shall have sixty (60) days from the date of the notification to supply the information or documentation that is required for the application to be deemed complete. If the applicant does not provide such information within sixty (60) days, the application will be deemed abandoned and will not receive further consideration.

(Ord. 2020-0008 § 41, 2020.)

Every public health permit issued in accordance with this Chapter shall be displayed in a conspicuous place in plain sight of patrons in the business establishment for which the permit is issued.

(Ord. 2020-0008 § 41, 2020.)

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

(Ord. 2020-0008 § 41, 2020.)

A.

A site evaluation shall be conducted for compliance with this Part and Los Angeles County Code, Title 11, Chapter 11.36, Massage Establishments, as applicable. When a site evaluation is required, a public health permit will be issued after the Massage Establishment complies with the site evaluation.

B.

A site evaluation shall be required when:

There is new construction or a remodeling of the facility that increases the size or type of business or services provided;

There is a change of ownership or a new public health permit is required; or

Deemed necessary by the County Health Officer for protecting public health and safety.

(Ord. 2020-0008 § 41, 2020.)

A Massage Establishment public health permit will be issued unless:

A.

The applicant has not complied with the site evaluation and thus not in compliance with this Part and the Los Angeles County Code Title 11, Chapter 11.36 Massage Establishments, as applicable.

B.

The application is incomplete.

C.

The applicant has falsified information on the application.

D.

The applicant or any owner of the Massage Establishment was required to register under the provisions of Penal Code section 290 or within ten (10) years immediately preceding the date of the application committed a violation of an offense or crime as listed in Section 11.36.330.

(Ord. 2020-0008 § 41, 2020.)

This Part shall not apply to the following classes of persons or entities, and no Massage Establishment public health permit shall be required, while engaged in performing the duties of their respective professions:

A.

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

B.

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

C.

Hospitals and medical centers.

D.

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.

E.

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

F.

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.

G.

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

H.

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.

I.

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

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

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;

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

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

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

Sole Proprietors may not operate out of their personal residence.

(Ord. 2020-0008 § 41, 2020.)

A.

To operate as a Massage Establishment in the unincorporated areas of the County, the business must have a valid public health permit and a County business license. If the Tax Collector or Business License Commission revokes or suspends the business license for any period of time, the public health permit shall be automatically revoked or suspended for the same period.

B.

To operate as a Massage Establishment in the incorporated cities, the business must have a valid public health permit and city business license or permit, as applicable. If the city revokes or suspends the business license for any period of time, the public health permit shall be automatically revoked or suspended for the same period.

(Ord. 2020-0008 § 41, 2020.)