Norwalk Municipal Code Art. II Massage Establishment Permit

No person shall engage in conduct or carry on the business of a massage establishment or a recognized school of massage without a permit issued under this chapter and a conditional use permit as required by Section 17.06.100.

(Ord. 06-1569 § 8, 2006; Ord. 21-1722 § 2)

A. An applicant for a massage establishment permit shall furnish the following information:

1. The full true name under which the business will be conducted;

2. The applicant's full, true name, any other names used, date of birth, California Driver's License number or California identification number, present residential address and telephone number. The sex, height, weight, color of hair, and color of eyes of applicant. The applicant may be required to have his or her height and weight confirmed by the Los Angeles County Sheriff's Department;

3. The previous two residences of the applicant and the inclusive dates at each address;

4. The applicant's business, occupation, and employment history for five years preceding the date of application, and the inclusive dates of same;

5. The permit history of the applicant, including whether such person has ever had any permit or license issued by any agency, board, City, County, territory, or State, the date of issuance of such a permit or license, whether the permit or license was revoked or suspended, or if a vocational or professional license or permit was issued, revoked, or suspended, and the reason(s) therefor;

6. All convictions for any crime, except for minor traffic violations, and the reasons therefor;

7. Two passport size photographs of the applicant, taken within six months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant;

8. The applicant's fingerprints in the manner prescribed by the Los Angeles County Sheriff's Department and/or City of Norwalk Public Safety Department. Any fees for the fingerprinting shall be paid by the applicant;

9. A complete description of all services to be provided;

10. The name, address, and date of birth of each massage technician who is or will be employed or trained in such establishment;

11. The name and address of any massage establishment, or similar business, owned or operated by any person whose name is required to be given pursuant to this section wherein the business or profession of massage is carried on;

12. Acceptable written proof that the applicant is at least 21 years of age;

13. The applicant, if a corporation, or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter, however, only one application fee shall be charged. The corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for a permittee by this chapter or the corporation or partnership permit shall be suspended until a responsible managing employee who meets such requirements is designated. If no such person is found within 90 days, the corporation or partnership permit is deemed canceled without further notice and a new initial application for permit must be filed;

14. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant;

15. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property; and

16. The full true name and any other names used, current address, date of birth, California driver's license or California identification number, and the information required by subsections (A)(2) through (A)(8) and (A)(12) of this section, of each on-site manager(s) of the businesses.

B. The applicant or permit holder shall give written notification of any change of information required by this section to the Director within five business days after such change.

C. All final occupancy approvals from the City of Norwalk Building and Safety Division and a certificate of compliance from the Los Angeles County Health Department must be submitted prior to the approval of the application. Any required inspection fees shall be the responsibility of the applicant. If Building Division approvals and certificates of compliance are not received by the Director of Community Development within 60 days of the date of filing, the application shall be deemed void. If any land use permit or other entitlement for use is required, such permit or use shall also be applied for and received prior to the massage establishment permit becoming effective.

(Ord. 06-1569 § 8, 2006; Ord. 21-1722 § 2)

A. Decision. The Director shall, within 90 City business days of the filing of a completed application, approve and issue the massage establishment permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.

B. Grounds for Denial. The Director may deny an application for a massage establishment permit upon any of the following grounds:

1. The applicant, if an individual, or any of the stockholders of the corporation, or any officers or directors, if the applicant is a corporation, or if a corporation serves as a partner, officer or director of the applicant, or any partner if the applicant is a partnership, or if any partnership serves as a partner, officer or director of the applicant, and any on-site manager of the business has been convicted in a court of competent jurisdiction of any of the following: (a) a violation of the provisions of California Penal Code Sections 266i, 314, 315, 316, 318, 647; (b) a felony offense involving the sale of a controlled substance; (c) a misdemeanor or felony offense that relates directly to the operation of a massage establishment; (d) a felony whose commission occurred on the premises of a massage establishment; (e) conspiracy or attempt to commit any of the aforesaid offenses; (f) been found guilty of, or pleaded guilty or nolo contendere to, any lessor-included offenses of any of the offenses in subsections (a) through (e); or (g) or any other crime involving dishonesty, fraud, deceit, or moral turpitude;

2. The applicant has had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the City, or any other state or local agency prior to the date of approval;

3. The applicant is under 21 years of age;

4. Failure to complete the application, including, but not limited to, submittal of all information from the County of Los Angeles Sheriff's Department;

5. Knowing submission of a misleading or fraudulent statement of material fact;

6. Failure to comply with the design standards of this chapter; or

7. Failure to obtain a conditional use permit pursuant to the zoning provisions.

(Ord. 06-1569 § 8, 2006; Ord. 21-1722 § 2)

A. Employee Reporting Requirement. The holder of a permit required by Section 5.52.040 shall notify the Director in writing of the name and address of each person employed as a massage technician or an on-site manager within five business days of that person being employed.

B. Employment of Unlicensed Massage Technicians Prohibited. It is unlawful for any owner, manager, operator, responsible managing employee or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this chapter and which is worn clearly visible during working hours.

C. Location Authorization. Any permit to conduct a massage establishment shall specify the exact location(s) where massage services may take place, and no massage shall be given in a business or on premises that are not so authorized. No massage establishment shall send massage technicians off the premises for the purposes of administering a massage, nor shall the massage establishment or any part thereof be used by any employee, operator, manager, or owner to receive or accept such requests for off-premises massages at any location other than the location(s) expressly authorized by a permit granted pursuant to this chapter.

D. No massage or massage services shall be given in a business or premises licensed pursuant to this chapter, or in an establishment providing acupressure, shiatsu, skin care, body wrap or the like, unless such business or premises complies with the following criteria:

1. Doors. No massage services shall be provided in an establishment that provides such services in any cubicle, room, booth, or other area that is fitted with a door capable of being locked. The premises, exterior doors and the doors separating the waiting or reception area from the remainder of the premises, shall remain unlocked during business hours (including electric locking devices).

2. Signs. A recognizable and readable sign shall be posted at the main entrance, identifying the establishment. A list of services available and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable language. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician shall offer or perform, any service other than those posted. All signs shall comply with all requirements of this Code.

3. Building Code Requirements. Minimum lighting shall be provided in accordance with the City of Norwalk Building Code, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron. Minimum ventilation shall be provided in accordance with the City of Norwalk Building Code.

4. Cleanliness.

a. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

b. Hot and cold running water shall be provided at all times.

c. Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked: "Clean Linen" and "Soiled Linen," respectively.

d. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good repair.

e. Separate Rooms for Customers Required. In an establishment where massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room. If male and female patrons are to be treated simultaneously at the same massage establishment, a separate massage room or rooms shall be provided for male and female patrons.

f. Bathing, Dressing and Toilet Facilities. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided in every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, separate dressing and separate toilet facilities shall be provided for male and female patrons.

g. Washbasins for Employees. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, such 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.

5. Operational Requirements, General. Every establishment licensed pursuant to this chapter shall be maintained and operated in conformity with the following criteria:

a. Hours of Operation. The permittee shall not conduct or operate a massage establishment between the hours of 9:00 p.m. and 7:00 a.m. of the following day, and shall exclude all customers, patrons and visitors between those hours.

b. Recording of Activities Prohibited. No building or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, or for monitoring the activities, conversation, or other sounds in the treatment room(s) or room(s) used by customers. This requirement does not apply to typical surveillance/ security cameras in exterior portions of the building and in lobby/waiting areas.

c. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.

d. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

e. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

f. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. Foam pads more than four inches thick or more than four feet wide may not be used. Beds, mattresses and waterbeds may not be used in the administration of a massage.

g. Persons Using Alcohol or Drugs Prohibited. A person shall not enter, be or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or drugs. The permittee, manager, and every supervising employee, shall not permit any such person to enter or remain upon such premises.

h. Prohibited Activity. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would reasonably suggest to prospective customers or clients that any service is available other than those services described in the definition of massage in Section 17.01.060. No massage establishment shall sell or serve food or beverages on the premises where the massage establishment is being conducted.

i. Physical Contact Prohibited. No massage establishment shall permit any massage technician, in the course of administering any massage service, to expose his or her specified anatomical areas or buttocks or to make physical contact with the specified anatomical areas of any client. No massage establishment shall allow any client, in the course of receiving any massage service, to expose to view of other persons his or her specified anatomical areas or to make physical contact with the specified anatomical areas or buttocks of any massage technician or any other person.

6. Inspections. The Director or designee, the City of Norwalk Public Safety Department, the Los Angeles County Sheriff, and the Los Angeles County Health Department, or their authorized representatives, shall have the right to enter the massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter.

7. Manager Required. A massage establishment shall, at all times the establishment is open, have a responsible person acting as manager on the premises to ensure compliance with these provisions. The manager must be a minimum of 21 years old and must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and patrons of the establishment.

(Ord. 06-1569 § 8, 2006; Ord. 21-1722 § 2)

No massage establishment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void.

(Ord. 06-1569 § 8, 2006; Ord. 21-1722 § 2)