Norwalk Municipal Code Art. IV General Requirements

A. The Director may modify, revoke or suspend a massage establishment permit if the permittee has knowingly done any of the following:

1. Convicted of or entered a plea of guilty or nolo contendere (no contest) in a court of competent jurisdiction of any of the following: (a) an offense involving conduct which requires registration under California Penal Code Section 290 (or its successor), and has been convicted for 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. Failed to permit the City or any authorized authorities to conduct any inspections authorized by the Norwalk Municipal Code;

3. Violated any provisions of this chapter;

4. Submitted a misleading or fraudulent statement of material fact in the application;

5. Failed to prevent criminal activity on the premises of the business;

6. Failed to abide by disciplinary action previously imposed by the City.

B. The Director may modify, revoke or suspend a massage technician permit if the permittee knowingly has done any of the following:

1. Submitted a misleading or fraudulent statement of material fact in the application;

2. Engaged in any of the activities described below while on the premises of a massage establishment:

a. Sexual activity with a patron,

b. Unlawful solicitation of sexual activity with a patron,

c. Transfer of unlawful narcotics,

d. Conduct prohibited by this chapter;

3. Been convicted of or entered a plea of guilty or nolo contendere (no contest) in a court of competent jurisdiction of any of the following: (a) an offense involving conduct which requires registration under California Penal Code Section 290 (or its successor), and has been convicted for 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.

C. Notice. The Director shall furnish the permittee written notice and an opportunity for a hearing prior to imposing any disciplinary action. Such notice shall be provided at least 10 days in advance and shall set forth the time and place of a hearing, and the ground(s) upon which the proposed disciplinary action is based.

D. Hearing. Hearings shall be conducted in accordance with procedures established by the City Manager. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

E. Penalty. Upon determining that there are grounds for disciplinary action, the Director may take any of the following actions:

1. Issue a warning;

2. Impose such conditions on the massage establishment permit or massage technician permit as deemed appropriate in order to protect the public health, safety and welfare;

3. Suspend the massage establishment permit or massage technician permit for a specified period not to exceed 30 days;

4. Revoke the massage establishment permit or massage technician permit.

F. Findings. The Director shall issue written findings in conjunction with the imposition of any disciplinary action.

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

A. Decisions of the Director to issue, deny issuance, or impose disciplinary action in connection with a massage establishment permit or massage technician permit may be appealed to the Planning Commission. The Planning Commission shall exercise the same discretion, powers and authorities as are vested in the Director upon applications in the first instance. Such appeal shall be filed with the City Clerk within 10 calendar days following the service upon the applicant or permittee of a notice of denial, suspension, revocation of permit or other disciplinary action.

B. Decisions of the Planning Commission to issue, deny issuance, or impose disciplinary action in connection with a massage establishment permit or massage technician permit may be appealed to the City Council. The City Council shall exercise the same discretion, powers and authorities as are vested in the Planning Commission upon applications in the first instance. Such appeal shall be filed with the City Clerk within 10 calendar days following the service upon the applicant or permittee of a notice of denial, suspension, revocation of permit or other disciplinary action. The City Council's decision shall be final.

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

A. The provisions of this chapter shall not apply to the following:

1. Physicians, surgeons, chiropractors, osteopaths, physical therapists who are duly licensed to practice their respective professions in the State of California;

2. Nurses registered under the laws of the State of California;

3. Persons who are licensed to practice any healing art under the applicable provisions of the Business and Professions Code of the State of California or any other statute of this State that provide any treatment administered in good faith;

4. Barbers, cosmetologists and electrolysists who are duly licensed under the laws of the State of California while engaging in practice within the scope of their licenses, except that this exemption shall apply solely to the massaging of the hands, feet, face, or scalp of the customer or client, whom shall be fully clothed from the knees to the neck;

5. Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State;

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

7. Trainers of amateur, semi-professional or professional athletes or athletic teams performing services for team members.

B. Notwithstanding the provisions of this section, no person or facility expressly exempted under this section from the application of this chapter shall hire or employ a massage technician unless such massage technician possesses a valid, existing license required by this chapter or any State law.

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