San Fernando Municipal Code Div. 2 Permit

It shall be unlawful for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a massage establishment or to render or permit to be rendered, within the city, the business of massage at a location removed from a massage establishment in the absence of a permit issued pursuant to this division.

(Code 1957, § 12B.2)

The requirements of this article shall have no application and no effect upon and shall not be construed as applying to any person designated as follows: physician, surgeon, chiropractor, osteopath or any registered or licensed vocational nurse working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice their respective professions in the state. The permit requirement shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code or under any other law of this state. Practical nurses or other persons without qualifications as massage technicians or other persons not otherwise licensed by the state to practice pursuant to the medical practice art, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massages or massage procedures.

(Code 1957, § 12B.3)

Any person desiring to obtain a permit to operate a massage establishment or to perform massage services shall make application to the chief of police upon a form provided by him. Such application shall be accepted only after the city clerk has received a fee, in an amount established by resolution of the city council, to investigate such applicant.

(Code 1957, § 12B.4)

(a) Any application for a permit required under this article shall contain the following information:

(1) The full name and present address of the applicant.

(2) The two previous addresses immediately prior to the present address of the applicant.

(3) Written statements signed under declaration of perjury by at least five bona fide state residents that the applicant is of good moral character.

(4) Written proof that the applicant is over the age of 18 years.

(5) The applicant's height, weight, color of eyes and hair.

(6) Two portrait photographs, at least two inches by two inches.

(7) The business, occupation or employment of the applicant for three years immediately preceding the date of the application.

(8) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(9) Whether the applicant has ever been convicted of any crime and if so the circumstances thereof and the sentence therefor.

(10) A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease.

(11) Such other identification and information necessary to discover the truth of the matters specified as required to be set forth in the application.

(b) In addition to the information required in subsection (a) of this section, the applicant must furnish a diploma or 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 city may confirm the fact that the applicant has actually attended classes in a recognized school by requiring the applicant to submit to a written examination in the field of massage techniques.

(c) Nothing contained in this section shall be construed to deny to the police department the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained in this section be construed to deny the right of the police department to confirm the height and weight of the applicant.

(Code 1957, § 12B.5)

No permit to conduct a massage establishment shall be issued unless an inspection by the chief of police or an employee authorized by him to do so reveals that the establishment complies with each of the following minimum requirements:

(1) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, that all such signs shall comply with the city's sign ordinance.

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

(3) Minimum ventilation shall be provided in accordance with the Uniform Building Code.

(4) Equipment capable of disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

(5) Hot and cold running water shall be provided at all times.

(6) Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen.

(7) In any establishment in which 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 the same room, or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths. Adequate outside ventilation shall be provided to all rooms and booths while massage services are being performed therein.

(8) Adequate baths or showers and dressing room, locker, and toilet facilities shall be provided for the use of all patrons. A minimum of one tub or shower and one dressing room containing for each patron a separate locker capable of being locked shall be provided. There shall also be provided by every massage establishment a minimum of one toilet and one washbasin; provided, however, if male and female patrons are to be served simultaneously at such establishment, a separate massage and dressing room and separate bathing or showering and toilet facilities shall be provided for male and female patrons.

(9) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all physical facilities for the establishment must be kept 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 toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(10) Clean and sanitary towels and linens shall be provided for each patron. No common use of towels or linens shall be permitted.

(11) A minimum of one separate washbasin shall be provided in each massage establishment for the use of the employees of such establishment, which basin shall be provided with 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 the massage services. In addition, there shall be provided at each washbasin unused, clean, sanitary towels placed in permanently installed dispensers.

(12) Proof of compliance with all applicable sections of this Code shall be provided upon the request of any police officer at any reasonable time.

(Code 1957, § 12B.6)

(a) Any applicant for a permit required under this article shall personally appear at the police department and produce proof to the police department that the application fee has been paid to the city clerk, and thereupon the applicant shall complete an application containing the information required in this division. The chief of police shall have a reasonable time in which to investigate the application and the background of the applicant for the protection of the public interest and, upon the completion thereof, shall notify the applicant by registered or certified mail at the address shown on the application whether or not such permit may be issued. The chief of police shall send the notification to the applicant by registered or certified mail at the applicant's address shown on the application within a reasonable time after the chief of police receives the completed application.

(b) The director of building and safety, the fire department and the county health department may inspect the premises proposed to be devoted to the massage establishment and may make separate recommendations to the chief of police concerning compliance with this division.

(Code 1957, § 12B.7)

(a) The chief of police shall grant a permit to the massage establishment if all requirements for a massage establishment described in this division are met and shall issue a permit to all persons who have applied to perform massage services and have complied with this article, unless it appears that any such person is not of good moral character or has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral turpitude, including, but not limited to, those offenses detailed in Government Code § 51032(a) and (b).

(b) Any permit issued pursuant to this division shall expire one year from the date of issuance. Any permit issued shall be nontransferable.

(Code 1957, § 12B.8)

The chief of police may revoke or suspend any permit granted or issued under this division at any time for a material false statement contained in the application or for a failure to comply with this article or with any state law regulating massage establishments or massage technicians or whenever he determines the permittee is no longer a person of good moral character or has been convicted of a felony or of a crime of moral turpitude, including, but not limited to, those offenses detailed in Government Code § 51032(a) and (b), or violence or for otherwise conducting such establishment or himself in any manner in a massage establishment which endangers the public welfare or patrons thereof.

(Code 1957, § 12B.9)

(a) Notice of any suspension or revocation of the permit issued pursuant to this division shall be given in writing, delivered or sent by registered or certified mail to the person to whom such permit was issued, and shall take effect at the expiration of the 15th day after such mailing unless the permittee has theretofore filed an appeal to the city council. Any person aggrieved by the decision of the chief of police may appeal therefrom to the council in the manner provided in this section. If no appeal is taken by the permit holder, the decision of the chief of police revoking or suspending such permit shall become final and conclusive on expiration of the time affixed in this section for appeal.

(b) Upon any permit required by this article being refused, suspended or revoked, the applicant or permittee may, within 15 days after notice thereof has been sent by registered or certified mail, which notice is addressed to him at his address on file with the chief of police, file a written request containing his address with the city clerk for a hearing by the council to reconsider such refusal or revocation. Upon the receipt of any such request, the city clerk shall set such hearing within 30 days and, unless waived in writing by such person, shall send a notice of the time and place thereof by registered or certified mail to the person making such request at the address shown therein at least 15 days in advance of such hearing. The council may order the issuance, continuation or reinstatement of any permit required by this article. The applicant shall have the right to present witnesses on his own behalf, cross examine witnesses, present evidence, and obtain a full and fair determination according to the evidence.

(Code 1957, § 12B.10)

Each person to whom a permit has been issued under this division shall immediately surrender his permit to the chief of police upon its revocation or suspension.

(Code 1957, § 12B.11)

Upon the sale or transfer of any interest in a massage establishment, the permit and license shall be null and void. A new application for a permit shall be made by any person desiring to own or operate such massage establishment.

(Code 1957, § 12B.12)

Every person to whom or for which a permit shall have been granted pursuant to this division shall display such permit in a conspicuous place so that it may be readily seen by persons entering the premises where the massage, bath or treatment is given.

(Code 1957, § 12B.13)