Montebello Municipal Code Ch. 5.48 Massage Parlors

For the purpose of this chapter, the words and phrases hereinafter set forth, shall be defined as follows:

"Chief" means the chief of police of the city.

"City manager" means the duly appointed, acting and qualified city manager of the city.

"Council" means the city council of the city.

"Massage" means any method of treating the superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accompanied by hand and or the use of any instrument.

"Massage parlor" means any building or structure, or portion thereof, located within the city, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.

"Notice" means any notice given by United States mail, postage prepaid, property addressed. Such notice shall be deemed given when the same is deposited with the postal service.

"Permit" means a permit required pursuant to the provisions of this chapter, to operate a massage parlor.

(Prior code § 4250)

No person shall operate any massage parlor within the city without first obtaining a permit pursuant to the provisions of this chapter and securing the necessary business license as required by Chapter 5.04 of this code.

(Prior code § 4251)

A. Written applications for massage parlor permits shall be made upon forms provided for this purpose by the chief of police. Such completed applications shall be submitted to the chief, together with the following:

1. An accurate statement of the business, occupation or employment of the applicant for the three years immediately preceding the date of application; and

2. A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and

3. Either of the following:

a. A certified copy of a certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" means and includes any school or institution of learning which has as its purpose the teaching of the theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less than two hundred hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning, or

b. A statement of work experience containing sufficient information to establish that the applicant is qualified to conduct a massage parlor; and

4. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; and

5. Proof of payment of a processing and filing fee to the city treasurer of one hundred dollars.

B. Nothing contained herein shall be construed to deny the police department of the city the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the department to confirm the height and weight of the applicant.

(Prior code § 4252)

A. Upon receipt of a written application for a permit, the chief shall conduct an investigation, in such manner as he deems appropriate, in order to ascertain whether such permit should be issued as requested.

B. The chief shall issue such permits as requested, unless, as a result of such investigation, he finds any of the following facts to be present:

1. That the applicant or any person, including, but not limited to, any employee, who will be directly engaged or employed in the massage parlor operation, has been convicted of any crime involving moral turpitude; or

2. That any such person has a bad moral character; or

3. That the operation of the massage parlor would, if allowed, constitute a public nuisance.

C. The chief shall be authorized to condition the issuance of any permit for a massage parlor to insure compliance with the provisions of this chapter and other applicable laws.

D. When the chief finds from his investigation that any of the previously mentioned facts are present, he shall decline to issue the permit as requested within thirty calendar days from receipt of application for permit. Any decision of the chief with respect to the denial or conditional approval of any such permit shall be subject to an appeal by the aggrieved applicant; provided, that the appeal is taken within the time and manner hereinafter described.

(Prior code § 4253)

After making his determination as to any such permit, the chief shall, within five calendar days, give written notice of his decision, approving, conditionally approving or declining the issuance of a permit to the applicant and to any person requesting notice of the same.

(Prior code § 4254 (part))

A. Within ten days after the chief gives written notice of his decision denying or conditionally approving an application, any applicant who is aggrieved by the decision declining to issue such permit, or by any of the conditions imposed upon such issuance, may file a written letter of appeal with the city manager, appealing the decision of the chief to the city manager. The letter of appeal shall briefly outline the basis for such appeal. The city manager upon receipt of such written letter of appeal, shall obtain from the chief all of the files applicable to the application.

B. The city manager shall hereafter conduct an informal hearing for the purpose of determining whether the decision, as rendered by the chief, was within the authority granted to him pursuant to the provisions of this chapter. The city manager shall give written notice of the time and place of such hearing to the applicant, to the chief and to any other person requesting such notice. At the time and place set for such hearing, the city manager shall act as the hearing officer and shall accept all relevant evidence pertaining to the application, including, but not limited to, the files and records in custody of the chief relating thereto. The city manager shall give the applicant, and any other interested person, a reasonable opportunity to be heard with respect to the merits of such appeal. The burden of proof shall be upon the applicant to show that the action of the chief was arbitrary, capricious or in excess of the authority granted pursuant to the provisions of this chapter. The city manager shall affirm, reverse or modify, in whole or in part, the decision as rendered by the chief of police. The city manager shall, promptly, give written notice, to the applicant and any other person requesting the same, of his decision, together with the reasons therefor. The decision of the city manager shall be final and conclusive in the absence of an appeal to the city council as hereinafter provided.

(Prior code § 4254 (part))

Any applicant who is aggrieved by a decision of the city manager, as hereinbefore provided, shall have the right to appeal such decision to the city council. Such an appeal shall be perfected by the filing of a written letter of appeal, briefly stating the grounds therefor, with the city clerk, within ten days after the giving of notice of the city manager's decision. Upon receipt of a letter of appeal, the city clerk shall place the same on the city council's agenda at its next most convenient meeting. The city clerk shall give the applicant, and any other person requesting the same, ten days' written notice of the time and place of such hearing before the council. At such time and place, the city council shall hear the matter, and shall, thereafter, issue, conditionally issue, or decline to issue, the permit as requested. The city council shall give the applicant and any other interested person the right to present any relevant evidence bearing upon such appeal. The burden of proof shall be upon the applicant to show that the action of the city manager was arbitrary, capricious or outside the scope of authority granted to him by the provisions of the chapter. The decision of the city council shall be final and conclusive.

(Prior code § 4255)

No permit issued hereunder shall be transferable. Permits issued hereunder shall be valid until revoked.

(Prior code § 4259)

The chief shall suspend any permit issued pursuant to this chapter if he finds that the permittee, or any agent or employee of the permittee, has violated any of the provisions of this chapter, any other applicable law, or any part of the conditions imposed upon the issuance of permit, with regard to the operation pursuant to such permit. He shall effectuate such suspension by issuing an order of suspension, notice of which shall be given in the manner prescribed herein. The order shall contain a statement of the reason or reasons for such suspension. The order of suspension shall be deemed an order of revocation, and shall be final and conclusive, within ten days after the giving of notice thereof to such permittee, in the absence of an appeal taken in the time and manner set forth in Sections 5.48.060 and 5.48.070. The filing of an appeal shall have the effect of staying the effective date of the order, pending the determination of such appeal.

(Ord. 2070 § 25, 1992: prior code § 4256)

Each permittee, prior to employing any person who will be directly engaged in the massage parlor operation, after issuance of a permit, shall file with the chief, an information form relating to such proposed employee, in a form prepared for that purpose by the chief. A filing and processing fee in the sum of ten dollars shall be paid to the city treasurer. Upon receipt of such form and evidence that the processing fee has been paid, the chief shall conduct an investigation to determine whether such proposed employee is qualified pursuant to Section 5.48.040(B)(1) and (2). If the person is so qualified, the chief, by written notice to the permittee, shall add such person's name to the list of persons authorized to engage in the permitted massage parlor operation. Where, as a result of his investigation, the chief determines that the proposed employee does not qualify pursuant to the Section 5.48.040(B)(1) and (2), he shall give notice of such decision to the permittee and to the proposed employee within thirty calendar days from the receipt of application. The permittee shall have the right of appeal from such decision, in the time and manner set forth in Sections 5.48.060 and 5.48.070.

(Prior code § 4257)

Each person to whom a massage parlor permit has been issued, pursuant to the provisions of this chapter, shall conduct such operation in accordance with the following regulations:

A. No person shall give or assist in giving any massage to any other person under the age of eighteen years unless the parent of such minor has consented thereto in writing.

B. Each permittee shall have posted, in a conspicuous location upon the premises where the massage operation is to be conducted, the permit as issued by the chief.

C. Each permittee shall provide, in each room, or portion of a room, where massages are given, sufficient lighting and ventilation as required by this code.

D. Each permittee shall provide and maintain adequate equipment for disinfecting and sterilizing of instruments used in performing the acts of massage.

E. Each permittee shall provide and maintain adequate bathing, dressing, locker and toilet facilities for patrons.

F. Each permittee shall maintain physical facilities for the massage parlor in good repair and in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilets utilized in the operation shall be thoroughly cleaned each day. Bathtubs shall be thoroughly cleaned after each use.

G. Each permittee shall provide clean and sanitary towels and linens for each patron. The common use of towels or linens shall not be permitted.

H. A minimum of one separate washbasin shall be provided for each permittee in each massage parlor for the use of his employees, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers.

I. No person shall give, or assist in giving, of any massage to a person of the opposite sex.

(Ord. 2070 § 20, 1992: prior code § 4258)

The provisions of this chapter shall not be deemed applicable to any person who is engaged in a healing art, and is licensed as such, pursuant to Division 2, commencing with Section 500 of the Business and Professions Code of the state.

(Prior code § 4260)