Manhattan Beach Municipal Code Ch. 4.36 Massage/Bodywork Businesses

"Permit Administrator" shall mean the person or persons designated by the City Manager to administer the provisions of this chapter.

"Massage/bodywork" means and includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations, or skin care, body wrap, acupressure, or other similar procedure but shall exclude any services defined in Business and Professions Code Section 7321 when performed by State licensed cosmetologists.

"Massage/bodywork business" includes but is not limited to any business where massage/bodywork services are provided, any business providing acupressure, alcohol rubs, Russian, Swedish, or Turkish baths, electric or magnetic treatments conducted at a place of business located within the City.

"Massage/bodywork services" means the provision of massage/bodywork, as defined above, for consideration of any kind.

"Massage/bodywork practitioner" means any natural person, male or female licensed by the State of California pursuant to Business and Professions Code Sections 4600, et seq.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

Every person conducting, managing, owning, or operating a massage/bodywork business in the City, except as exempted under Sections 4.36.160 and 4.36.170 herein shall first obtain a permit under this chapter. Said permit shall be numbered and must be displayed by the licensee in a prominent place on the premises in which the business is conducted.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

Every person employed as a massage/bodywork practitioner or self-employed providing massage/bodywork services for compensation in the City shall obtain a certificate as a massage therapist as provided under Business and Professions Code Sections 4600 et seq. A person who has not obtained such a certificate may not legally provide any massage/bodywork or acupressure services for compensation in the City of Manhattan Beach. Any person seeking a Manhattan Beach business license to do business in the City as a massage therapist/bodywork practitioner or to work in a massage/bodywork business as a massage therapist/bodywork practitioner must be able to prove to the City that they have a current State Certificate in good standing.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

Every person desiring a massage/bodywork business permit under this chapter shall complete and submit to the City a written application in a form approved by the Permit Administrator. The application shall be completed under penalty of perjury under the laws of the State of California and shall at a minimum require the following information:

A. The name of the applicant and a complete statement regarding any and all true and fictitious names used by the applicant within the five (5) years immediately preceding the application;

B. The residence address, business address, and residence and business telephone numbers of the applicant;

C. The names, residence and business address and phone numbers of any copartners, excluding limited partners, of the applicant;

D. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in the articles of incorporation along with the names and residence addresses of each of the officers, directors, and each shareholder owning ten percent (10%) or more of the corporation. If one (1) or more of the owners is a corporation the provisions of this section pertaining to a corporate applicant apply;

E. The names, residence and business address and phone numbers of the managers and persons to be in charge;

F. The name, residence and business addresses and phone numbers of the owner of the premises, if any, in which the business is to be located and the written consent of said owner to operation of the business or a copy of the lease for the premises executed by the owner evidencing such consent;

G. The age and date and place of birth of the applicant;

H. The address and particular room or rooms and square footage of the premises in which the massage/bodywork activities are to occur;

I. A description of the exact nature of the business to be operated and the name under which it will operate;

J. The nature, name and place of applicant's business or employment during the five (5) years immediately preceding the date of filing of the application;

K. A two-inch (2") square photograph of the applicant taken within the sixty (60) days immediately prior to the date the application is filed;

L. Whether or not the applicant or any partner, copartner, manager, or operator of the business being applied for has had a permit for the same or any similar business suspended or revoked anywhere, and if so, the circumstances of such suspension or revocation;

M. A statement that the applicant or any partner, copartner, manager, employee or operator of the business has never been convicted of violations of Penal Code Sections 266i, 315, 316, 318, 647(a) or (b) or any offense involving possession of the substances identified in Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058 or of any felony, or, if any such crime has been committed by such person, a complete statement of the nature of such crime and the place and date of conviction;

N. A statement that the applicant or any partner, copartner, manager, employee or operator of the business is not required to register under Penal Code Section 290, or if any such person is so required, the circumstances leading to this requirement;

O. A diagram drawn to scale and dimensioned showing the number of rooms for said business, including a sketch of the interior arrangement thereof and a list of the equipment used thereon;

P. Sets of fingerprints of the applicant and the person or persons in charge of the business to be taken by the Manhattan Beach Police Department;

Q. Copies of the State licenses (as provided by Business and Professions Code Sections 4600 et seq.) of all employees of the business who shall be providing massage/bodywork services.

R. Such other information as the Permit Administrator shall deem necessary.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

Whenever any change occurs relating to the written information specified in Section 4.36.040, including changes in the physical layout of the business, changes in employees or operations, the applicant shall report said change and provide all information which would have been required under Section 4.36.040 prior to its taking effect.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

The holder of a massage/bodywork business permit under this chapter shall notify the Permit Administrator of the name and address of each person to be employed as a massage/bodywork practitioner, acupressurist, or any person engaged in performing massage/bodywork activities and provide a copy of the State license issued to that person pursuant to Business and Professions Code Sections 4600, et seq. prior to that person being employed.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

A permittee or person required to obtain a permit for a massage/bodywork business by this chapter shall not hire or employ or contract with as an independent contractor an individual to perform as a massage/bodywork practitioner unless that person possesses a valid certificate as a massage therapist as provided for in Business and Professions Code Sections 4600 et seq.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

The Permit Administrator upon receipt of a complete application for a massage/bodywork business permit hereunder or a renewal of such permit shall forward the application to the Chief of Police who shall conduct an appropriate investigation to determine whether said permit shall be issued in accordance with the procedures of this chapter as hereafter set forth. The Chief of Police shall forward his report to the Permit Administrator with his or her recommendation regarding grant or denial of the permit.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

A. After investigation, report and recommendation by the Chief of Police, the Permit Administrator shall approve or conditionally approve issuance or renewal of the permit if he finds:

1. A completed written application form has been filed; and

2. The required application fee has been paid; and

3. The applicant has complied with all applicable provisions of this chapter; and

4. If the applicant is conducting the business in a building, said building complies with all of the health, zoning, fire, building, and safety requirements and standards of the laws of the State of California and the City; and

5. That the applicant, his, her or its employees, agents, partners, directors, officers, shareholders, associates or managers or any person connected with the business for which the applicant is requesting a permit hereunder:

a. Has not been convicted in a court of competent jurisdiction, of:

i. A felony involving the presentation, exhibition or performance of an obscene production, motion picture, video or play, or

ii. A felony involving lewd conduct, or

iii. An offense involving the use of force and violence upon the person of another, or

iv. An offense involving misconduct with children, or

v. An offense involving the maintenance of a nuisance in connection with the same or similar business operation, or

vi. Violation of Section 266i, 315, 316, 318, or subdivisions (a) or (b) of Section 647 of the Penal Code or violation in any other State of any offense which, if committed in this State, would have been punishable as one (1) or more of the above-mentioned offenses, or

vii. Violation within the past five (5) years of any offense involving the controlled substances designated in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or violation in any other State of any offense which, if committed in this State, would have been punishable as one (1) or more of the above-mentioned offenses,

b. Has not allowed or permitted acts of sexual misconduct to be committed within prior business operations; and

c. Is not required to register under the provisions of Section 290 of the Penal Code;

6. That the business does not constitute a public nuisance; and

7. That the applicant, his, her or its employees, agents, partners, directors, officers, stockholders, associates, managers or any person connected or associated with the business for which the applicant seeks a permit has not made any false, misleading, or fraudulent statement in the application for a permit or in any report or record required to be filed with the chief of police for purposes of the application sought under this chapter; and

8. That the applicant has not had a permit or license for a similar type business revoked by the City or any other jurisdiction within the past three (3) years.

B. The Permit Administrator shall provide written notice to the applicant of his or her decision and the grounds therefor as soon as possible after arriving at the decision. If denied, an applicant may reapply if he or she can provide evidence that the ground or grounds of denial of the application no longer exist, provided however that no such reapplication may be made sooner than ninety (90) days after the original application. All licenses issued hereunder shall be personal to the applicant and nontransferable.

(§ 2, Ord. 1946, eff. June 30, 1996, as amended by § 2, Ord. 1953, eff. August 15, 1996)

A permit shall not be issued pursuant to this chapter unless an inspection reveals that the establishment complies with each of the following requirements:

A. No massage/bodywork activities shall be conducted within any cubicle, room, booth or other area which may be locked. However, situations where the massage/bodywork business is open for business by appointment only and the facility contains only a single massage room accessed directly from a public area, or some other condition exists which may mitigate the security of the business if doors are left unlocked, the Permit Administrator may grant a variance from the requirement of this subsection;

B. A recognizable and readable sign shall be posted at the main entrance, identifying the establishment. Such signs shall comply with all requirements of City ordinances;

C. Equipment for disinfecting and sterilizing instruments used in massage/bodywork shall be provided;

D. Hot and cold running water, soap or detergent, and sanitary towels or air dryer shall be provided at all times;

E. Separate closed receptacles shall be provided for the storage of clean and soiled linen;

F. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms, equipment and all other physical facilities shall be sanitary and in good repair;

G. Dressing and toilet facilities shall be provided for patrons;

H. Wet and dry heat rooms, steam or vapor rooms steam and vapor cabinets, shower compartment shall be thoroughly cleaned after each use and toilet facilities shall be kept in a clean and sanitary condition;

I. Clean and sanitary towels and linens shall be provided each patron. No common use of towels or linens shall be permitted;

J. Standard or portable massage/bodywork tables or a mat suitable for shiatsu or acupressure shall be used. Foam pads more than four inches (4″) thick or with a width of more than four feet (4′) may not be used. Beds, mattresses, and water beds may not be used.

Any massage/bodywork business which has occupied premises in the City and been continuously open for business for a period of one (1) year prior to the effective date of this chapter and has a valid City business license shall be exempt from the requirements of this section so long as they obtain a permit under this chapter within ninety (90) days from the effective date of this chapter.

(§ 2, Ord. 1946, eff. June 30, 1996)

The Permit Administrator shall suspend, revoke or add additional conditions to any permit issued hereunder if he or she finds that any or all of the following have occurred:

A. That the operation conducted by the applicant does not comply with all the health, zoning, fire, building and safety requirements of State and City law;

B. That the permittee, his her or its partners, officers, directors, shareholders or managers have been convicted of a crime involving prostitution, pandering or any form of sexual misconduct or of any felony except that for the violations specified in Section 4.36.090(a)(vii) the conviction must have occurred within the past five (5) years;

C. That acts of sexual misconduct have been committed within the course and scope of business operations;

D. That any false, misleading, or fraudulent information was provided in the permit application or any report or record requested by the City in conjunction with the application required hereunder;

E. That any condition of the permit was violated;

F. That any facility prerequisite to issuance of the permit has not been provided, has been altered or discontinued;

G. That the business constitutes a public nuisance;

H. That facts or circumstances which were prevalent at the time the license was issued have substantially changed in such a way as to affect the operation of the business;

I. That an act or acts of prostitution have occurred on the business premises with the involvement of any of the business's employees, managers, or owners.

(§ 2, Ord. 1946, eff. June 30, 1996)

The Permit Administrator shall personally serve upon the permit holder, or if that is not possible, upon the business location, a notice of suspension, revocation or altered conditions which sets forth the grounds for suspension, revocation, or alteration of conditions and notifies the permit holder of the right to a hearing if a request in writing is filed within five (5) business days of service of the notice. No request for hearing will be deemed filed unless all fees are paid. Filing a request for hearing shall stay the suspension or revocation until the hearing is completed. The hearing shall be held no more than ten (10) business days from the date the permit holder's request for hearing is filed. The hearing shall be conducted by the Permit Administrator or his or her designee. The Hearing Officer shall cause a written notice of decision to be served on the applicant setting forth the grounds for his or her decision as soon as possible after the hearing.

(§ 2, Ord. 1946, eff. June 30, 1996, as amended by § 3, Ord. 1953, eff. August 15, 1996)

A fee shall be required for every permit application filed under this chapter. The fee must be received before the Permit Administrator shall process the application. Any request for hearing under Section 4.36.110 above upon revocation or suspension of a permit shall require a fee to be paid to the City before the request will be considered timely filed. The City Council shall set the amounts of said fees by resolution and may from time to time by resolution adjust the amounts of said fees. Any fee pursuant to this section shall be in addition to and not in lieu of any business license tax imposed pursuant to Title 8 of this Code. The City Council may, in addition to a fee, set by resolution a requirement for a security deposit to be made by any licensee which deposit may be used to reimburse the City for the reasonable expenses incurred in enforcing this chapter or any other violation of State or local law.

(§ 2, Ord. 1946, eff. June 30, 1996)

A permit issued under this chapter shall be valid for two (2) years from the date of issuance. Renewal applications shall be submitted on a short form to be developed by the Permit Administrator which provides information regarding any items which may have changed from the initial application otherwise the renewal procedure shall be the same as for issuance of a new permit.

(§ 2, Ord. 1946, eff. June 30, 1996)

A permittee hereunder shall not conduct or operate a massage/bodywork business between the hours of 10:30 p.m. and 7:00 a.m. of any day and shall exclude all customers, patrons and visitors therefrom between those hours. Massage/bodywork services provided by a massage/bodywork practitioner validly licensed under this chapter in the residence or place of business of the person receiving the service shall be exempted from the provisions of this section.

(§ 2, Ord. 1946, eff. June 30, 1996)

A. This chapter shall not apply to any treatment administered in good faith in the course of the practice of any healing art personally or under the supervision of any person licensed to practice any such art or profession under the provision of the Business and Professions Code of the State of California or any other statute of this State.

B. The Permit Administrator may exempt a particular modality from the provisions of this chapter if:

1. The modality involves minimal touching and the client remains fully clothed (shoes and stockings excepted); and

2. Practitioners of the modality must undergo a training program consisting of at least five hundred (500) hours of instruction; and

3. The modality is governed by a professional organization responsible for certification of practitioners and for the enforcement of professional and ethical standards.

(§ 2, Ord. 1946, eff. June 30, 1996)

Ancillary massage/bodywork services shall be exempt from the requirements of this chapter so long as all such services are performed by the holder of a State massage therapist certificate issued pursuant to Business and Professions Sections 4600 et seq. Ancillary massage/bodywork services shall be those performed in a health club or beauty salon where twenty-five percent (25%) or less of the overall business operations is related to provision of massage/bodywork services as measured by the percentage of gross sales or floor area devoted to provision of massage/bodyworks, whichever is greater.

(§ 2, Ord. 1946, eff. June 30, 1996; § 2, Ord. 2123, eff. July 16, 2009)

Any decision of the Permit Administrator under the authority of this chapter may be appealed to the City Manager or his or her designee. The request for appeal must be filed with the City Clerk within ten (10) days of notification to the appellant of the Permit Administrator's decision. A hearing shall be held within fifteen (15) days of the filing of the request for appeal. The decision of the City Manager or his or her designee shall be served in writing on the appellant by placement in the mail within three (3) days of the hearing. The decision of the City Manager or his or her designee shall be final.

(§ 2, Ord. 1946, eff. June 30, 1996)

A permit issued under this chapter is restricted and does not confer any property rights in the privileges to be exercised thereunder and the holder thereof does not have any right to renewal of such license. The Permit Administrator may, without hearing, issue an order suspending the permittee's right to further exercise any privileges granted under such a permit pending final determination made after formal hearing as provided for above.

(§ 2, Ord. 1946, eff. June 30, 1996)