Santa Paula Municipal Code Ch. 119 Massage Permits

Section

General Provisions

Permit Applications

Action on Permit Applications

Permit Conditions

Appeals

Statutory reference:

Massage parlors, see Cal. Gov't Code §§ 51030 et seq.

GENERAL PROVISIONS

This chapter is adopted in accordance with California Constitution Article XI, § 7 for the purpose of establishing uniform rules and procedures to regulate massage clinics and massage technicians within the city's jurisdiction. Adopting this chapter is intended to protect public health and safety by ensuring that massage clinics are sanitary, that massage technicians are properly regulated, and to reduce crime. In addition, this chapter is intended to help reduce the secondary effects on land uses surrounding establishments that engage in illegal activities.

(Ord. 1123, passed 10-20-04)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.

CONVICTED means having pled guilty or receiving a verdict of guilty, including a verdict following a plea of nolo contendere, to a crime.

CUSTOMER means and includes all clients, customers, patrons, guests, and any other person who receives a massage from a massage technician.

DIRECTOR means the Planning Director, or designee.

HEALTH DEPARTMENT means the Public Health Department for Ventura County.

HEARING OFFICER means the City Manager, or designee.

MASSAGE means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar items commonly used in this practice.

MASSAGE CLINIC means a fixed place of business where a massage technician engages in or carries on the practice of massage as the primary service of the business establishment.

MASSAGE TECHNICIAN means and includes any person who, for consideration, gives, performs or administers, or offers to give or administer, to another person a massage.

NOTICE ADDRESS must be the address designated by the permittee for the mailing of all notices, legal mail, and other written communications from the city to the permittee.

OFF-PREMISES MASSAGE means a massage given or administered for any form of consideration at a location other than a massage clinic.

PERMITTEE means the owner, proprietor, manager, or operator of a massage clinic, or off- premises massage service.

PERSON means and includes person(s), firms, corporations, partnerships, associations or other forms of business organization or group.

POLICE DEPARTMENT refers to the City of Santa Paula Police Department.

RECOGNIZED SCHOOL means any school or institution of learning which teaches the theory, ethics, practice, profession, and work of massage, which school or institution has been approved pursuant to Cal. Educ. Code §§94300 et seq., and applicable regulations. A school offering a correspondence course not requiring actual attendance is not a recognized school.

SPECIFIED ANATOMICAL AREAS means and includes any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES means and includes all the following:

(1) The fondling or other erotic touching of specified anatomical areas;

(2) Sex acts, normal or perverted, including intercourse, oral copulation, or sodomy;

(3) Masturbation; or

(4) Excretory functions as part of or in connection with any of the activities set forth in this definition.

(Ord. 1123, passed 10-20-04)

The Director is authorized to administer this chapter and to adopt administrative policies and procedures required to implement the regulations set forth in this chapter.

(Ord. 1123, passed 10-20-04)

(A) Massage clinic. Unless otherwise provided in this chapter, it is unlawful for any person to own, operate, or maintain a massage clinic without a massage clinic permit issued in accordance with this chapter.

(B) Massage technician. Unless otherwise provided in this chapter, it is unlawful for any person to practice, engage in, or carry on the business or activities of a massage technician without a massage technician permit issued in accordance with this chapter.

(Ord. 1123, passed 10-20-04)

(A) Possessing a valid massage clinic permit does not allow a person to practice, engage in, or carry on the business or activities of a massage technician without a massage technician permit.

(B) Possessing a valid massage technician permit does not allow a person to own, operate, or maintain a massage clinic without a massage clinic permit.

(C) Permits cannot be transferred either as to location or as to the person.

(Ord. 1123, passed 10-20-04)

This chapter does not apply to the following classes of individuals, and no massage clinic or massage technician permit is required of such persons, while engaged in the performance of the duties of their respective professions:

(A) Acupuncturists who are duly certified to practice their profession in the State of California.

(B) Barbers, beauticians and cosmetologists, with respect to scalp massage, who are duly permitted pursuant to Cal. Bus. & Prof. Code §§ 7301 et seq., in accordance with the limitations of their permits;

(C) Nurses who are registered as such under the laws of the State of California;

(D) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly permitted to practice their respective professions in the State of California.

(Ord. 1123, passed 10-20-04)

(A) Every person seeking a permit pursuant to this chapter must pay an annual permit fee as set by City Council resolution.

(B) Charges will be imposed for city services provided to a permittee. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration, attorneys fees, and fingerprinting. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the Director determines this necessary.

(Ord. 1123, passed 10-20-04)

If required by the uniform codes adopted by this code, for example, the building, electrical or plumbing codes, persons seeking a massage clinic permit must first obtain a building permit, or other similar permit, before seeking a massage clinic permit.

(Ord. 1123, passed 10-20-04)

PERMIT APPLICATIONS

Applications for massage clinic and massage technician permits, or renewal of such permits, must be filed with the Director, in a form prescribed by the Director, and contain all of the following information under the penalty of perjury:

(A) For all permits:

(1) Name. The applicant's full name and any aliases previously used or currently used and current business address and mailing address and the names and residence addresses of all officers, directors, and each stockholder holding more than 10% of the stock, if a corporation, or partners, if a partnership;

(2) Addresses. All proposed, current and previous businesses, and where applicable, the residential addresses of the applicant or applicant's principal officers, directors, and stockholders holding more than 10% of stock, if a corporation, or partners, if a partnership, for the five years immediately preceding submission of the application;

(3) Physical description. Height, weight, color of eyes and hair of applicant or each of the applicant's officers, directors, and each stockholder holding more than 10% of stock, if a corporation, or partners, if a partnership, together with at least two current color photographs at least two inches by two inches in size for each individual;

(4) Proof of age. A certified birth certificate, immigration papers, passport, or current California Driver's Permit evidence the fact the applicant is no less than 18 years of age;

(5) Business information. The business, occupation, or employment of the applicant or the applicant's officers, directors, and each stockholder holding more than 10% of the stock, or partners, if a partnership, for the three years immediately preceding the date of the application. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in its Articles of Incorporation and a copy of the Articles of Incorporation attached to the application;

(6) Location for massage activities. Each location where the permitted activities will be conducted and the names and addresses of all massage technicians employed at those locations;

(7) Prior permits. A statement of any business permit history relating to massage of the applicant and of applicant's partners, if a partnership, or each of the officers, directors, or persons who hold more than 10% of the stock, if a corporation, including a statement of whether such person, in previous operations, has had such permit revoked or suspended, the reason therefor, and a statement setting forth all massage business history or occupation subsequent to such suspension or revocation;

(8) Criminal convictions. A statement of whether the applicant, and any partners, if a partnership, or officers, directors, or persons holding more than 10% of the stock, if a corporation, were convicted of an offense involving conduct which requires registration under Cal. Penal Code §290; conduct which violates Cal. Penal Code §§ 315, 316, 318, 647(b), or 2661; any felony involving the sale of a controlled substance specified in Cal. Health & Safety Code §§ 11054 through 11058; was convicted in another state of an offense, which, if committed or attempted in this state would have been punishable as one or more of the offenses enumerated in this section; or was convicted of one or more other offenses as may be described under Cal. Gov’t Code § 51032;

(9) Fingerprinting. A statement that the applicant consents to being fingerprinted to determine whether the applicant has a criminal record; and

(10) Notice address. The address to which all notices and communications from the city to the applicant or permittee must be directed. It must be the responsibility of the applicant or permittee to immediately inform the Director, in writing, of any changes of the applicant or permittee's notice address.

(B) For massage technician permits, an applicant must also submit the following:

(1) Diploma. A diploma or certificate of graduation from a recognized school, together with a certified transcript or record establishing that the applicant attended a resident course of study of no less than 300 hours in theory, ethics, practice and profession and work of massage, and setting forth the beginning and ending date of applicant's course of study. In lieu of the above, the applicant may submit a certificate from a recognized school in the State of California stating the applicant has completed a resident course of study in massage in another state and has passed the examination required of a graduate from the recognized school in the State of California; and

(2) A written and signed statement from a physician permitted to practice medicine in the State of California and dated within 30 days of the date of the application, certifying that the applicant is free from communicable diseases.

(Ord. 1123, passed 10-20-04)

(A) The Police Department will conduct a reasonable investigation of the matters set forth in the application including, without limitation, a criminal background investigation for each person listed on the permit application to determine whether such persons have a criminal record.

(B) Report on investigation results. The Police Department must promptly report to the Planning Director, or designee, the results of the criminal background check.

(Ord. 1123, passed 10-20-04)

Before any massage clinic permit is issued under this chapter, and after approval by the Police Department, the Director must submit the massage clinic application for review by the Building and Safety Department and Fire Department, to determine whether the premises proposed to be used for the massage clinic comply with applicable laws, including, without limitation, uniform Building and Fire Codes adopted by this code.

In addition to the information required by this chapter, applications for all permits authorizing a sign will include such supplemental information which the Director may find reasonably necessary, given the type of sign, in order to determine whether to approve or deny a permit authorizing such sign in the manner hereinafter provided by this chapter. Such additional information may not include the sign copy or content, but must only be related to non-communicative aspects of the proposed sign.

(Ord. 1123, passed 10-20-04)

ACTION ON PERMIT APPLICATIONS

(A) The Director must determine whether or not an application is complete within 21 days after the application was first submitted. If deemed incomplete, the Director must provide written notice of incompleteness to the applicant and identify what is required to make the application complete. An applicant must make corrections to the application within 21 days after receiving notice to avoid paying a new application fee. If the Director fails to provide a notice of incompleteness within 21 days, then the application is deemed complete on the date of application.

(B) Within 21 days after an application is deemed complete, the Director must either issue or deny a permit.

(Ord. 1123, passed 10-20-04)

(A) A permit must be issued if:

(1) The application was complete in accordance with this chapter;

(2) There are no grounds for denying the permit; and

(3) Applicant accepts the permit approval or conditional approval in writing.

(B) Use of any permit issued pursuant to this chapter must conform to the general conditions of this chapter and, if applicable, special conditions reasonably deemed necessary by the Director to protect public safety or welfare.

(Ord. 1123, passed 10-20-04)

A permit may be denied for the following reasons:

(A) The application is incomplete;

(B) The applicant failed to provide reasonable supplemental application information requested by the Director;

(C) For massage clinic permits, the proposed massage clinic does not conform with this code including, without limitation, provisions of the uniform codes adopted by reference;

(D) The applicant failed to obtain such additional permits as may be required by this code;

(E) Information submitted by the applicant is materially false;

(F) The application is substantially the same as an application previously denied, unless:

(1) Twelve months elapsed since the date of the last application, or

(2) New evidence or proof of changed conditions is furnished in the new application;

(G) The applicant, owners, operators, partners if a partnership, or officers, directors, or persons holding more than 10% of the stock, if a corporation, or any of them, has within 10 years immediately preceding the date of the application been convicted of any of the offenses set forth in this chapter, or have, within the same time frame been convicted of any offense in another state which, if committed or attempted in this state, would have been punishable as one or more offenses enumerated under this section, or is required to register under Cal. Penal Code § 290.

(H) The applicant, owners, operators, partners if a partnership, or officers, directors, or persons holding more than 10% of the stock, if a corporation, or any of them, has had a massage clinic permit or massage technician permit revoked or suspended for cause within the five year period immediately preceding the date of the application.

(I) The applicant conducted a business requiring a massage clinic or massage technician permit within the city without such a permit having been issued by the city within the five years immediately preceding the application.

(Ord. 1123, passed 10-20-04)

Any person denied a permit pursuant to this chapter may not operate a massage clinic. An applicant whose permit has been denied may appeal the denial to the hearing officer as set forth in this chapter.

(Ord. 1123, passed 10-20-04)

The Director's determination whether or not to issue a permit and, if issued, what conditions are placed in a permit, must be guided solely by the standards and criteria set forth in this code.

(Ord. 1123, passed 10-20-04)

PERMIT CONDITIONS

In addition to all other conditions, permittees must enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from the permittee's activities in a form approved by the City Attorney's office.

(Ord. 1123, passed 10-20-04)

(A) Term. Each permit issued under this chapter terminates one year after first being issued unless revoked before such termination.

(B) Renewal. Any renewal of a permit before its expiration requires payment of the annual permit fee as well as an inspection by the Building and Safety Department to ensure continued compliance with the provisions of this chapter and applicable laws and regulations. The Director may draft permit renewal application forms that require less information than required for the initial permit application. No application for renewal of the permit will be accepted earlier than 90 days before expiration of the permit.

(Ord. 1123, passed 10-20-04)

(A) Grounds for special permit subsequent conditions. The Director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.

(B) Notice of special permit subsequent conditions. Should subsequent conditions be required, the Director will serve written notice on the permittee of this decision.

(C) Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the hearing officer as provided in this chapter.

(Ord. 1123, passed 10-20-04)

Any person to whom a massage clinic permit is granted must display such permit prominently in a conspicuous place, capable of being viewed by customers, at every location where the permitted activities are performed or conducted.

(Ord. 1123, passed 10-20-04)

(A) It is unlawful for massage clinic permittees to allow massage technicians to perform massage without a massage technician permit issued under this chapter.

(B) Each massage clinic permittee under this chapter must notify the Director in writing, within five days of the hiring and/or commencement of services, whichever is first, of the name, permit number, date of hiring, and location of each massage clinic where employed, of each massage technician whose services are utilized by the permittee. Permittees must also notify the Director in writing, within five days of the termination of employment or services of the name, permit number, termination date, and location of each massage clinic where employed, of each massage technician whose services and/or employment terminated.

(Ord. 1123, passed 10-20-04)

No massage clinic may be open or conduct business between the hours of 10:00 p.m. and 7:00 a.m.

(Ord. 1123, passed 10-20-04)

Permits may be revoked for violations of the following provisions:

(A) If any massage technician or any other employee, working in a massage clinic, or the clinic's customers, patrons, or guests engages in any specified sexual activities upon the premises of the massage clinic. No massage technician or other employee of a massage clinic may expose specified anatomical areas in the presence of any patron, customer, or guests. In the course of administering a massage, no massage technician or other massage clinic employee may make intentional physical contact with the specified anatomical areas of any customer, patron, or guests.

(B) If a massage clinic allows massage technicians or any other employee working in a massage clinic to administer any form of massage or come into any form of physical contact with a customer who is either fully or partially undressed, without first draping the customer's specified anatomical areas, if such areas would otherwise be exposed, in accordance with the accepted standards of the American Massage Therapy Association and/or Associated Professional Massage Therapists and Allied Health Practitioners.

(Ord. 1123, passed 10-20-04)

Employees of the Police Department, Planning Department , Building and Safety Department, and the Fire Department may enter any massage clinic during regular business hours and make reasonable inspection to determine whether the provisions of this chapter are being met.

(Ord. 1123, passed 10-20-04)

No permit to operate a massage clinic may be issued nor may any massage clinic operate unless the massage clinic premises and operation comply with each of the following minimum requirements:

(A) Signage. A readable sign must be posted at the main entrance identifying the establishment as a massage clinic, provided, however, that all such signs must otherwise comply with the sign requirements of this code.

(B) Lighting. Minimum lighting must be provided in accordance with the Building Code. In addition, at least one unobstructed artificial light, white in color, of not less than 60 watts must be provided and used at all times in each enclosed room or booth while massage services are being rendered.

(C) Ventilation. Minimum ventilation must be provided in accordance with the Building Code.

(D) Disinfection of instruments. Instruments used for massage must be disinfected before each use. Where such instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.

(E) Water. Hot and cold running water must be provided.

(F) Linen storage. Closed cabinets must be utilized for the storage of clean towels and linen. After use, towels and linen must be removed from the room or booth and stored in a clean container until laundered.

(G) Dressing and toilet facilities. Dressing and toilet facilities must be provided for patrons.

(H) Sanitary conditions. All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the massage clinic must be kept in good repair, maintained in a clean and sanitary condition.

(I) Clean linen. Clean and sanitary towels and linens must be provided for patrons receiving massage services. No common use of towels or linens must be permitted.

(J) Compliance with laws. The premises to be used must at all times comply with applicable laws.

(K) Any room in which a massage clinic provides massage services may not be used for residential sleeping purposes; provided, however, that the Director may allow such room to be used for residential or sleeping purposes if the Director finds that the health and safety of the patrons of the massage clinic will not be jeopardized.

(L) A register of all individuals employed as massage technicians, and their permit numbers, must be maintained and available for inspection at all times during regular business hours.

(Ord. 1123, passed 10-20-04)

Permittees under this chapter must ensure that all persons employed to work on the massage clinic premises, and including all massage technicians conducting permitted activities on the massage clinic premises, must be dressed in clothing made of an opaque material, and at a minimum, not expose any specified anatomical areas, and must comply with the following requirements, as applicable:

(A) Upper garments. All garments covering the upper torso (e.g., shirts or dresses) must have sleeves not less than two inches in length, measuring from the top of the shoulder, and necklines not lower than two inches below the clavicle.

(B) Skirts. Hems of dresses, skirts, smocks, or other similar garments must not be more than two inches above the top of the knee.

(C) Shorts. Cuffs or hems of shorts, culottes, pants or other similar garments must not be more than six inches above the top of the knee.

(Ord. 1123, passed 10-20-04)

(A) The Director may revoke a permit issued under this chapter on one or more of the following grounds:

(1) Upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable;

(2) That the permittee practiced fraud or deceit in obtaining a permit under this chapter;

(3) That the permittee violated a provision or provisions of this chapter;

(4) That the permittee was convicted for any of the offenses described in this chapter, above;

(5) That the facilities and operations of the massage clinic do not comply with this chapter;

(6) That the permittee employed, allowed or permitted a massage technician to perform massage in the holder's massage clinic without a permit;

(7) That the permittee has knowingly been employed, allowed or permitted to perform massage at a massage clinic that does not possess a massage clinic permit;

(B) Upon identifying of grounds for revoking a permit, the Director will cause notice to be mailed by first class, postage prepaid mail, to the notice address designated by the permittee.

(Ord. 1123, passed 10-20-04)

APPEALS

Applicants/permittees may appeal decisions made by the Director regarding permit denials, conditions, or other matters under this chapter. Such appeals must be filed with the City Clerk in the manner set forth below.

(Ord. 1123, passed 10-20-04)

(A) Except as otherwise provided, a request for review must be commenced within 30 days from the date on which written notice of the Director's decision is served on the applicant/permittee.

(B) If request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.

(Ord. 1123, passed 10-20-04)

A request for administrative review will be on a form provided by the Director and contain the following information:

(A) The name, address and telephone number of the person making the request;

(B) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;

(C) A brief description of all grounds for making the request; and

(D) Such other information as may be required by the Director.

(Ord. 1123, passed 10-20-04)

(A) Within 30 days after receiving an appeal, the hearing officer will conduct a hearing to consider the appeal. At least ten days before the hearing, the hearing officer must notify the applicant of the time and place of the hearing. The hearing officer will oversee the hearing and provide the applicant an opportunity to speak at the hearing.

(B) Within 30 days after the hearing, the hearing officer must provide the appellant with a written notification that:

(1) The Director's decision is affirmed;

(2) The Director's decision is modified;

(3) The Director's decision is reversed and a permit is issued or issued without special conditions.

(C) The hearing officer's ruling is the city's final decision. There is no right to a City Council appeal.

(Ord. 1123, passed 10-20-04)

Pursuant to Cal. Civ. Proc. Code § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in Cal. Civ. Proc. Code § 1094.8, or any successor statute or regulation.

(Ord. 1123, passed 10-20-04)