Chapter 5.48 — MASSAGE ESTABLISHMENTS

This chapter shall be known as the "massage establishment permit ordinance."

(Ord. 4953 § 1.00, 1969)

The purpose of this chapter is to require the issuance of a permit for the conduct of massage establishments in the city and to set forth the standards for governing issuance of the permit, rules and regulations under which such permit shall remain in force, and providing punishment for operation of a massage establishment without a duly issued and valid permit.

(Ord. 4953 § 1.01, 1969)

As used in this chapter, the words below are defined as follows:

A.

"Person" means any natural person, firm, partnership, corporation or association.

B.

"Massage establishment" means any premises, place of business or membership club where there is conducted the business or activity of furnishing, providing or giving for a fee or other form of consideration a massage, fomentation, bath, manipulation of the body, electric or magnetic treatment, alcohol rub or other similar massage service or procedure.

C.

Massage Establishment — Exception. The words "massage establishment" and the provisions of this chapter shall not apply to any duly licensed physician, surgeon, osteopath, chiropractor or to other persons duly licensed by the state to treat, manipulate, operate upon or prescribe for the persons or bodies of human beings and who are actually practicing said licensed profession or to graduate nurses, or to students of medicine, surgery, osteopathy, chiropractic or similar professional callings actually attending accredited schools.

D.

"Massage technician" means any person, male or female, who, in connection with the activities of a massage establishment, administers to another person a massage, alcoholic rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body or other similar procedure.

E.

"Off-premises massage business" means a business in which a massage technician engages in, conducts or carries on a massage at a location other than the massage establishment which has been licensed, or which should be licensed pursuant to this chapter.

(Ord. 6317 § 1, 1989; Ord. 4953 §§ 2.00 — 2.04, 1969)

No person shall operate a massage establishment without first having obtained a written permit from the city assessor, tax and license collector hereinafter referred to as license collector.

(Ord. 4953 § 3.00, 1969)

An application for a massage establishment permit shall be filed with the license collector and shall be in writing on forms provided by the city, and shall be accompanied by payment of fee as provided for herein. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant and the business as the city may require.

(Ord. 4953 § 3.01, 1969)

A massage establishment permit shall not be issued to any person under 21 years of age or to a partnership, association, or corporation, any officer or manager of which is under 21 years of age.

(Ord. 4953 § 3.02, 1969)

A.

The license collector shall refer all applications for a permit to the police chief, fire chief, director of planning, director of building and safety and health officer, to ascertain if the issuance of the permit would be inimical to the public peace, health, safety, morals and general welfare of the city and its inhabitants.

B.

The police chief shall investigate and shall ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, manager, employees or other persons to be in charge of the premises are reputed to be persons of good moral character. He shall also ascertain whether or not any of such persons have been convicted of a felony or any crime involving fraud, embezzlement or moral turpitude, including all offenses listed in Penal Code Section 290, any section or subsection of Sections 311 through 311.9, Sections 314 through

318, subsections (a), (b), (c) or (d) of Section 647 of the Penal Code, or any offenses involving prostitution, lewd conduct or offenses resulting from a reduction of the aforementioned offenses, or whether such person shall have had a license or permit for a similar business or a liquor license suspended, canceled or revoked. The police chief shall cause fingerprints to be taken of the applicant and any other person referred to in this subsection. The police chief shall make a report of his findings to the license collector together with his recommendations, if any.

(Ord. 4953 § 3.03(1), 1969)

A.

The fire chief, director of planning, director of building and safety and health officer within the jurisdiction and duties of their particular department, shall ascertain whether or not the premises to be used are suitable, proper and adequate, and comply with applicable laws, ordinances and regulations concerning such premises, and the activities to be conducted thereon.

B.

The aforesaid investigating officers shall include in their respective reports any information they may have regarding the character and reputation of the applicant, manager, employees or other person to be in charge of the premises, or the person owning the business.

C.

If any of the said investigating officers should find, after investigation on his part as herein provided, that the premises do not comply with law, or such use of the premises would result in a violation of the law, he shall recommend that the application be denied and set forth the grounds and details for such recommendation.

(Ord. 4953 § 3.03(2), 1969)

The aforesaid investigating officers shall file with the license collector their reports in writing, stating the extent of their investigation, sources of information, particulars of objections and their recommendations.

(Ord. 4953 § 3.03(3), 1969)

A.

Within 45 days after the filing of an application for a license, the license collector shall review the application, together with reports and the recommendations of the police chief, fire chief, director of planning, director of building and safety and health officer, and shall grant the permit or shall notify the applicant that he proposes to deny the permit. The notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application. In event of denial the applicant may appeal to the city manager in accordance with the provisions of Sections 5.48.170 through 5.48.190.

B.

For the purpose of permitting the applicant to correct minor defects, on request of the applicant and his assurance that the matters objected to will be corrected, the license collector may extend the time within which he is otherwise required to act on the permit application for a period not to exceed 30 days.

(Ord. 4953 § 3.04, 1969)

At the time of filing an application for a permit, or for renewal thereof, the applicant shall pay a fee in accordance with the following:

A.

For each initial permit, the sum of $83.84 plus $33.56 for each person other than the individual applicant to be employed by the massage establishment.

B.

For each renewal permit, the sum of $50.30 plus $16.76 for each person other than the individual applicant to be employed by the massage establishment.

These fees are in addition to any business license tax required by Chapters 5.04 through 5.16.

(Ord. 6113 § 22, 1985: Ord. 4953 § 4.00, 1969)

Nothing herein shall constitute a waiver of the requirements of this title requiring issuance and possession of a business license.

(Ord. 4953 § 4.01, 1969)

Subject to revocation or suspension, the permit shall expire on that date set forth as the expiration date on the permittee's business license issued pursuant to this title. The permit may be renewed annually upon application accompanied by the renewal fee. Applications for renewal shall be subject to all provisions of this chapter.

(Ord. 4953 § 5.00, 1969)

Any permit issued hereunder may be summarily and temporarily suspended by the police chief or the license collector in event it is determined that the holder of the permit or any of his employees has violated or permitted to be violated any of the general regulations set forth in this chapter, or violated, or permitted on the premises the infraction of any law of the state, the violation of which constitutes grounds for denial, suspension or revocation as set forth in Sections 5.48.070 through 5.48.090 and 5.48.190. Such suspension shall be accomplished by posting a notice thereof on the premises. Within 24 hours thereafter, a copy of the notice, together with the reasons for the suspension, shall be transmitted to the city manager. The city manager shall, within 10 days after the suspension, hear the matter pursuant to Sections 5.48.170 through 5.48.190.

(Ord. 4953 § 6.00, 1969)

Any permit may be suspended for a period up to 90 days following notice of suspension, or revoked by the city manager upon a determination that the holder of the permit has violated any of the general regulations set forth in this chapter or violated or permitted on the premises the infraction of any law of the state, the violation of which constitutes grounds for denial, suspension or revocation. Prior to such suspension or revocation the city manager shall have held a hearing pursuant to the procedures set forth in Sections 5.48.170 through 5.48.190.

(Ord. 4953 § 6.01, 1969)

Upon revocation or suspension the permit shall be returned to the license collector for cancellation or holding pending the period of suspension. The license collector may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the license collector in order to insure compliance with an order of suspension or revocation. The closure of premises to the public shall not exceed 90 days and may be terminated prior to the expiration of such period upon request of the owner of the premises accompanied by a statement under oath that the premises will not be used as a massage establishment during the remainder of the aforementioned 90-day period.

(Ord. 4953 § 6.02, 1969)

The city manager, or his delegate, shall cause a hearing to be held in event of the following:

A.

Upon the appeal of an applicant from the decision of the license collector to deny the granting of a permit or the renewal thereof. The appeal must be filed within 30 days following the date of the license collector's notice of denial;

B.

Upon the summary suspension of a permit pursuant to Sections 5.48.140 through 5.48.160 or upon a determination to initiate suspension or revocation pursuant to Section 5.48.160.

(Ord. 4953 § 7.00, 1969)

A.

The city manager shall fix the time and place of hearing to be held within 15 days following the filing of an appeal or the notice of suspension or revocation. The applicant shall be given notice of such hearing date at least 10 days prior to the hearing date. The notice may be by personal service or mail.

B.

At the time and place fixed in the notice or at any time to which the matter may be continued, the city manager or his delegate shall hear the applicant and his witnesses together with any rebuttal evidence which may be offered on behalf of the city, and shall receive any proper documentary evidence offered in support of or against the granting or continuation of the permit.

C.

If, from the evidence introduced at the hearing, the city manager finds grounds exist for denial, suspension or revocation of the permit as set forth in Section 5.48.190, he shall deny the permit application or order the suspension or revocation thereof. If, following the hearing, the city manager determines that no proper grounds exist for denial of the permit, then the city manager shall grant the appeal and cause a license to be issued or terminate any prior suspension or revocation. The city manager shall notify the applicant or permit holder of his decision within 10 days following the close of the hearing.

(Ord. 4953 § 7.01, 1969)

The city manager shall deny, suspend or revoke a permit upon a finding that the applicant or permittee is not of good moral character or that the premises and conduct of activities thereon is inimical to the public health, public peace, safety, morals or general welfare. Anyone convicted of a felony or any offense involving fraud, embezzlement or moral turpitude, including, but not limited to, all offenses listed in Penal Code Sections 290, any subsection of Section 311 through 311.9, Sections 314 through 318, subsections (a), (b), (c) or (d) of Section 647 of the Penal Code, or any offenses involving prostitution, lewd

conduct or any offense resulting from a reduction of the aforementioned offenses shall be deemed not to be of good moral character for the purposes of this section. The city manager may suspend or revoke any permit upon a finding that the permittee has violated any of the general regulations for the conduct of massage establishments as set forth herein.

(Ord. 4953 § 7.02, 1969)

An appeal may be taken to the board of directors of the city, hereafter referred to as the city board, by any person aggrieved by an order of the city manager concerning the denial, suspension or revocation of a permit. The right of appeal is subject to the following conditions and procedures.

(Ord. 4953 § 8.00, 1969)

A.

An appeal to the city board shall be made by filing a petition in triplicate with the city clerk not later than 10 days from the decision of the city manager or the mailing thereof, whichever is later. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition the city clerk shall immediately forward a copy to the city manager and within 10 days following the filing of appeal the petition shall be placed on the agenda of the city board. If the city board will not have held a meeting within the aforesaid 10-day period, then the petition shall be received by the city board at its next regular scheduled meeting.

B.

Upon receipt of the petition the city board shall set the matter for hearing and give the appellant notice of a time and place for the hearing. The notice shall be given in person or by mail not later than 10 days prior to the hearing. The hearing shall be held not later than 15 days following receipt of the petition by the city board.

(Ord. 4953 § 8.01, 1969)

A.

In considering and ruling upon the appeal of the petitioner, the city board shall judge the merits of the appeal based upon those grounds set forth in Section 5.48.190.

B.

The city board may reverse or affirm wholly or partly or may modify any decision, determination or requirement of the city manager and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended or revoked in accordance with their ruling. The decisions of the city board shall be final. Any hearing may be continued from time to time.

(Ord. 4953 § 8.02, 1969)

The filing of an appeal to the city board stays all proceedings in furtherance of the action appealed from until the determination of the appeal as provided herein.

(Ord. 4953 § 8.03, 1969)

Every person holding a permit issued under this chapter shall keep same posted in a conspicuous place upon the licensed premises and in open and clear view.

(Ord. 4953 § 9.00, 1969)

It is prohibited for any person to massage any other person, or give or administer any bath or baths, or to give or administer any of the procedures or services set forth in Section 5.48.030B for immoral purposes, or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of such other person.

(Ord. 4953 § 10.01, 1969)

A person operating a massage establishment shall maintain a current file of all persons employed by him. This file shall contain true names and aliases used by such employee, age, birthdate, height, weight, color of hair and eyes, home address, phone numbers, Social Security number and the date of employment and termination. Such person shall make all records immediately available upon demand of any law enforcement officer.

(Ord. 4953 § 10.02, 1969)

A person operation a massage establishment shall not permit communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officers.

(Ord. 4953 § 10.03, 1969)

A person operating a massage establishment shall post and continually keep posted a copy of the ordinance codified herein at a conspicuous place inside the premises.

(Ord. 4953 § 10.04, 1969)

The licensee or a manager approved in connection with issuance of a license herein shall be present on the licensed premises at all times when the establishment is in operation.

(Ord. 4953 § 10.05, 1969)

No person shall conduct or operate a massage establishment between the hours of 10 p.m. and 7 a.m. of the following day.

(Ord. 4953 § 10.06, 1969)

Any person operating a massage establishment shall during business hours be responsible for, and provide, that any premises used for the purposes of a massage establishment shall be readily accessible and open for inspection by law enforcement officers or other employees of the city who are charged with enforcement of health and safety or penal laws of the city or state.

(Ord. 4953 § 10.07, 1969)

It is unlawful for any person to permit or to engage in, conduct or carry on in or upon any premises within the city, the business of a massage establishment without first having obtained and possessing a valid permit issued pursuant to this chapter. Any person violating or permitting the violation of this chapter by conducting the business of a massage establishment without a valid permit is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail or other local confinement facility for a period of not to exceed 6 months, or by both such fine and imprisonment.

(Ord. 4953 § 11.00, 1969)

A.

No person shall operate an off-premises massage business within the city or work as a massage technician without first obtaining a permit pursuant to the provisions of this chapter. Operators shall additionally secure a city business license.

B.

The operator and massage technician shall each file a written application with the police chief on a form required by the police department.

C.

Upon receipt of a written application for a permit, the police chief shall conduct an investigation, in such manner as deemed appropriate, in order to ascertain whether such permit should be issued as requested. The police chief shall approve, conditionally approve, or deny the application within 30 days of the filing of an application.

D.

Each applicant must furnish a diploma or certificate from a school licensed by the state wherein the method, profession, anatomical and physiological knowledge and practice of massage is taught.

(Ord. 6317 § 3 (part), 1989)

The police chief shall issue such permit as requested unless he or she makes any of the following findings:

A.

The applicant has been convicted of a violation of Health and Safety Code Section 11550, Penal Code Sections 266i, 315, 318 or 647(b);

B.

The applicant has been convicted in another state of an offense which if committed or attempted in this state would have been punished as one or more of the abovementioned offenses;

C.

The applicant is required to register under the provisions of Penal Code Section 290;

D.

The operator has been convicted of a felony involving the sale of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;

E.

The applicant has been convicted in another state of an offense which if committed or attempted in this state would have been punished as one or more of the abovementioned offenses;

F.

The applicant has committed an act, which if done by a licensee or permittee under this chapter, would be grounds for suspension or revocation of a license or permit;

G.

The applicant has committed an act involving dishonesty, fraud, or deceit with the intent to substantially benefit the operator, or another or substantially to injure another, or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of the off-premises massage business;

H.

The operation of the off-premises massage business would, if allowed, constitute a public nuisance;

I.

The applicant has knowingly made a false, misleading or fraudulent statement of fact to the police chief in the permit application process;

J.

The applicant has not satisfied the requirements of this chapter.

(Ord. 6317 § 3 (part), 1989)

When the police chief makes any finding under Section 5.48.350, he or she shall deny the application. Any decision of the police chief with respect to the denial of an application or conditional approval of any permit shall be subject to appeal in accordance with the provisions of Sections 5.48.170 through 5.48.230 except that the denial decision will be rendered by the police chief and not the license collector.

(Ord. 6317 § 3 (part), 1989)

A.

No massage technician shall expose his or her genitals, buttocks, or in the case of a female, her breasts nor, in the course of administering a massage, make intentional contact with the genitals or anus of another person.

B.

No off-premises massage business shall refuse service on the basis of a customer's sex, race, color, religion, ancestry, national origin or other arbitrary factor proscribed by the Unruh Civil Rights Act, Civil Code Section 51 et seq.

C.

No person shall give, or assist in the giving, of any massage to any person under the age of 18 years, unless the parent or guardian of such minor person has consented thereto in writing.

D.

No person shall operate as an off-premises massage technician or administer a massage as herein defined between the hours of 10:30 p.m. and 7:00 a.m.

E.

No person while conducting business as an off-premises massage technician, shall be in possession of, or under the influence of any alcoholic beverage or drugs.

F.

No person holding an off-premises massage technician permit shall conduct massages, whether or not for compensation, except in an office occupied by the customer.

(Ord. 6317 § 3 (part), 1989)

A.

All permits for operator and massage technician applicants shall be issued for the period of the fiscal year or portion thereof remaining following issuance of such permit, and shall expire on the last day of the fiscal year (June 30th).

B.

Each applicant for renewal shall file such information as may be required by the police chief to update the information required for his or her original permit application. Each massage technician renewal applicant shall include a statement in writing from a licensed physician in the state that he or she has been examined within the past 30 day period preceding said application and believes the renewal applicant to be free from all communicable diseases.

(Ord. 6317 § 3 (part), 1989)