San Fernando Municipal Code Div. 1 Generally

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Massage means a method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading or tapping with the hand or any instrument.

Massage parlor or massage establishment means an establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted or carried on any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, magnetic or any other kind or character of massage, baths, alcohol rub, manipulation of the body or similar procedures.

Massage technician means any person who administers to another person, for any form of consideration, a massage, alcohol rub, bath, electric or magnetic massage procedure, manipulation of the body or other similar procedure.

(Code 1957, § 12B.1)

Cross reference— Definitions generally, § 1-2.

It shall be the responsibility of the holder of the permit for the massage establishment or the employer of any person purporting to act as a massage technician to ensure that each person employed as a massage technician shall first have obtained a valid permit pursuant to this article.

(Code 1957, § 12B.14)

Every person operating a massage establishment under a permit as provided in this article shall keep a record of the date and hour of such treatment, the name and address of the patron and the name of the technician administering such treatment. Such record shall be open to inspection by officials charged with the enforcement of this article for the purposes of law enforcement and for no other purposes. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any city officer or employee shall constitute a misdemeanor. Identical records shall be kept of treatments rendered off the business site and, in addition, shall describe the address where the treatment was rendered. Such records shall be maintained for a period of two years.

(Code 1957, § 12B.15)

(a) Every person, except those persons specifically exempted by this article, whether acting as an individual, owner, employee of the owner, operator or employee of the operator or whether acting as a mere helper for the owner, employee or operator or whether acting as a participant or worker in any way, who does or practices any acts mentioned in this article for which a permit is required, without first obtaining a valid permit from the city, shall be guilty of a misdemeanor.

(b) Any owner, operator, manager or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage technician, as defined in this article, who is not in possession of a valid permit or who allows such employee to perform, operate or practice within such a place of business is guilty of a misdemeanor.

(c) Any massage establishment operated, conducted or maintained contrary to this article shall be and is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this article, commence an action or a proceeding for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to this article.

(Code 1957, § 12B.16)