Chapter 5.16 — MASSAGE ESTABLISHMENTS AND PERMITS

Sections:

• 5.16.010 Definitions.

• 5.16.020 Massage establishment--Permit required--Application fees and contents.

• 5.16.030 Facilities and operating requirements.

• 5.16.040 Hours of operation.

• 5.16.050 Display of permit.

• 5.16.060 Change of location.

• 5.16.070 Employees.

• 5.16.080 Inspection of facilities and financial records.

• 5.16.090 Records of treatment.

• 5.16.100 Name of business.

• 5.16.110 Permit procedures.

• 5.16.120 Issuance of permit.

• 5.16.130 Appeal.

• 5.16.140 Grounds for revocation or suspension.

• 5.16.150 New application after denial or revocation of permit.

• 5.16.160 Surrender of permits.

• 5.16.170 Sale or transfer.

• 5.16.180 Applicability of regulations to existing licensed massage establishments.

• 5.16.190 Violation and penalty.

• 5.16.200 No effect on zoning law.

• 5.16.210 Severability.

• • Prior ordinance history: prior code §§ 9.78.010 through 9.78.190, § 9.78.210 and Ordinance 74-2-720.

For the purpose of the provisions regulating baths, sauna baths, massage establishments and similar businesses set forth in this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended: A. "Applicant" means any person or entity desiring to obtain a permit to operate a massage establishment, and includes each and every owner of the proposed establishment. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each and every stockholder. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If a corporation or a partnership is an applicant, then the identifying information required in this section as to the "applicant" shall be provided also as to such stockholders, directors and/or partners as the case may be and a permit may be issued or denied if such stockholders, directors and/or partners do or do not satisfy the requirements and standards imposed by this chapter as to the background and character of the "applicant." If the applicant is a corporation, a certified copy of its articles of incorporation, together with any authorizations to issue stock shall be attached to the application. If the applicant is a partnership, a certified copy of the partnership agreement, if there be one, shall be attached to the application and if the applicant be a limited partnership, a certified copy of its certificate of limited partnership shall be attached to the application. B. "Massage" means any method of treating any of the external parts of a person including but not limited to rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet, elbows or any other part of the body, with or without the aid of any instrument or device and with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. C. "Massage establishment" means any place, including a private club or organization, where any massage, as defined in this section, is given or offered. It includes any place, including a private club or organization, wherein any person, firm, association, corporation or partnership engages in, conducts or carries on, or permits to be engaged in, conducted or carried on the business of giving or furnishing baths of any kind or type including Russian, Turkish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths. D. "Massage technician" is any person who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, or other similar procedure. E. "Operator" is any person who manages or who is otherwise primarily responsible for the operation of the massage establishment, and shall include each and every person responsible for establishing personnel policy, hiring personnel, ensuring that the establishment complies with the requirements of this code and of other laws, and of establishing and administering any and all policies established by the owner for the operation of the establishment. (Ord. 81-6-872 § 1 (part))

A. Permit Required. It is unlawful for any person, association, firm, partnership, or corporation to operate or conduct a massage establishment or to permit a massage establishment to be operated or conducted, in or upon any premises within the city, or to render a massage or permit a massage to be rendered within the city at any location not licensed as a massage establishment, in accordance with the provisions set forth in this chapter. B. Application--Fees.

1. Any applicant for a permit to operate a massage establishment shall make application to the chief of police upon a form provided by him. Such application shall be accepted only upon a showing that four hundred dollars, or such other sum as has been established by the city to cover its expenses under this chapter has been paid to the city director of finance as a fee to investigate such applicant and the proposed establishment. Where there is more than one applicant or owner of such applicant as defined in Section 5.16.010A an additional seventy-five dollars shall be paid for each additional applicant and/or owner.

2. Permits and fees required by this section shall be in addition to any license, permit or fee required under any other section or chapter of this code, including but not limited to the annual license tax and business license pursuant to Chapters 5.08 and 5.12; and a conditional use permit as required by Title 20. C. Application--Contents. Any applicant for a permit pursuant to this chapter shall submit the following information:

3. The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;

4. The name, style and designation, which shall not reasonably suggest that any services are available except those specified in Section 5.16.010B, under which the business is to be conducted, together with its address or proposed address;

5. A complete list of the names and residence addresses of all massage technicians, employees and attendants in the business; the name and residence address of the operator, manager or other person principally in charge of the operation of the business; and the names and residence addresses of all principals of the business;

6. The full name of the applicant, including aliases, nicknames, and any other names used. In the case of a female applicant, her full name, including her maiden name and each of her married names;

7. The present address of the applicant;

8. The two previous addresses immediately prior to the present address of applicant;

9. The names and present residence address of at least five bona fide residents of the state who will attest that the applicant is of good moral character;

10. Written proof that the applicant is over the age of eighteen years;

11. The applicant's height, weight, color of eyes and hair, driver's license number, and Social Security number;

12. Two portrait photographs at least two inches by two inches;

13. The business, occupation, or employment of the applicant for the three years immediately preceding the date of the application;

14. 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 and the reason therefor; and the business activity or occupation subsequent to such action of suspension or revocation;

15. Whether the applicant has ever been convicted of any crime specified in Section 51032 of the Government Code and, if so, the circumstances thereof and the sentence therefor; and

16. Such other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in application. D. Nothing contained in this section shall be construed to deny to the police department of the city 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 said department to confirm the height and weight of the applicant. E. Falsification of any of the above information shall be deemed sufficient reason for denial of the application. (Ord. 81-6-872 § 1 (part))

No permit to conduct a massage establishment shall be issued unless an inspection is made under the provisions of Section 5.16.120C and it is determined that the establishment complies with each of the following minimum requirements; and a permit previously issued shall be revoked if the following facilities and operating requirements are not met: A. All employees, massage technicians, and attendants shall wear clean outer garments whose use is restricted to the massage establishment. The garments shall provide a complete covering by fully opaque material of the genitals, genital area, buttocks and female breasts of such employees, massage technicians, and attendants. B. No massage establishment licensed under the provisions of this chapter shall place, publish, distribute, disseminate or broadcast, or cause to be placed, published, distributed, disseminated or broadcasted, any advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in subsection B of Section 5.16.010, nor shall any massage establishment indicate in the text of any advertising that any service is available other than those services described in subsection B. All advertisements placed, published, distributed, disseminated or broadcasted shall contain the establishment's business permit number. C. A massage business permittee shall have the premises supervised at all times when open for business by the operator or manager. The violation upon the premises of any massage establishment of any provision of this chapter by any agent, employee or independent contractor of the holder of a massage business permit shall constitute a violation by the license holder. D. Each massage establishment shall have at least one person who has a valid massage technician's permit on the premises at all times while the establishment is open for business. E. The operator of a massage establishment shall maintain a register of all persons employed as massage technicians and their permit numbers. Such register shall be made available for inspection by representatives of the city at any time during the establishment's business hours. F. 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 sign requirements of the city, and such sign shall not reasonably suggest that services other than those identified in Section 5.16.010B are available. G. Minimum lighting shall be provided in accordance with the Uniform Building Code, and at least one artificial light of not less than forty watts shall be provided in each enclosed room or booth where massage services are being performed on a patron. H. Minimum ventilation shall be provided in accordance with the Uniform Building Code. I. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. J. Hot and cold running water shall be provided at all times. K. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen. L. 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 a single, separate room, or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth, while massage services are being performed. M. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and female patrons. N. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or 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. O. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. P. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide 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 massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers. Q. Proof of compliance with all applicable provisions of the Signal Hill Municipal Code shall be provided. (Ord. 81-6-872 § 1 (part))

The administration massages and operation of a massage establishment shall be permitted only between the hours of nine a.m. and eleven p.m. (Ord. 81-6-872 § 1 (part))

The permit issued under this chapter and massage technician permits for all such employees shall be displayed in a conspicuous place so that the same be readily seen by persons entering the premises. (Ord. 81-6-872 § 1 (part))

A change of location of any of the aforementioned and described premises shall be subject to the provisions of Title 20 and, if such provisions are complied with, may be approved by the chief of police, provided all other ordinances and regulations of the city are complied with and a change of location fee of one hundred dollars is deposited with the city. (Ord. 81-6-872 § 1 (part))

It is the responsibility of the permittee to ensure that each and every person who performs massages on the premises holds a valid permit pursuant to Chapter 5.17. (Ord. 81-6-872 § 1 (part))

A. The chief of police or his agent may, and the building inspector, fire chief, county health officer shall, prior to the issuance of a permit under this chapter, and from time to time thereafter, and at least once each year, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this chapter are met. B. The permittee under this chapter shall maintain and make available to the chief of police ledger books, daily journals, and other accounting records which truly and correctly show the income, the expenses and the distribution of all profits, if any, pertaining to the massage establishment licensed under this chapter. The purpose of the foregoing is to provide the city with a means to determine whether or not there has been a transfer of any interest in the establishment and to determine the identity of any and all persons and entities who or which own an interest therein. The chief of police may require such other financial information and records to effectuate the foregoing purpose. If application or renewal application is made to continue or to recommence the operation of a previously licensed establishment, in addition to the information required of the applicant by this chapter, the chief of police shall be provided with the foregoing financial records relating to the prior operation of the applicant. (Ord. 81-6-872 § 1 (part))

Every person, association, firm, or corporation operating a massage establishment under a permit. as provided in this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Each and every patron shall be required to supply reliable verification of his or her identity. Said record shall be open to inspection by officials charged with the enforcement of these provisions. Identical records shall be kept of treatments rendered off the business site and shall describe the address where the treatment was rendered. The information furnished or secured as a result of any such record shall be used only to ensure and enforce compliance with this municipal code and other applicable laws and shall otherwise be confidential. Any unauthorized disclosure or use of such information by an employee of the establishment or the city shall constitute a misdemeanor, and such employee shall be subject to the penalty provisions of this code in addition to any other penalties provided by law. Such records shall be maintained for a period of two years. (Ord. 81-6-872 § 1 (part))

No permittee licensed under this chapter shall operate under any name or conduct the business under any designation not specified in the permit. (Ord. 81-6-872 § 1 (part))

A. Any applicant, as defined in this chapter, for a permit shall personally appear at the police department of the city and produce proof to the police department that the four hundred dollar application, inspection and enforcement fee has theretofore been paid to the city finance director together with any additional fees required by this chapter for additional applicants, and thereupon said applicant or applicants shall complete an application containing the aforementioned and described information. The chief of police shall have a reasonable time in which to investigate the application, the background of the applicant, and the premises, for the protection of the public interests. Upon the completion thereof, the chief of police shall notify the applicant by registered or certified mail, at the address shown on the application, whether or not such permit will be issued. The chief of police shall deliver the notification to the applicant by registered or certified mail at his or her address shown on the application within forty-five days after the chief of police receives the completed application. The foregoing forty-five-day deadline is directory only; failure to meet such deadline shall not affect the power of the chief of police to deny, or otherwise act on such application. B. In the event that the chief of police denies a permit, the chief of police shall include a statement of the grounds for the decision in the notice to the applicant, and such applicant shall have the rights of appeal within the time limits prescribed as set forth in this chapter. C. To aid in the determination of whether to issue a permit for a massage establishment pursuant to Section 5.16.020, the department of building and safety, the fire department, and the county department of health services may inspect the premises proposed to be devoted to the massage establishment and may make recommendations to the chief of police concerning compliance with the foregoing provisions. If the establishment is not in compliance with the provisions of this chapter, the department of health services shall issue a letter to such effect to the applicant with a copy to the city setting forth the deficiencies and if a letter of full compliance is not issued within ninety days of the application, it shall be deemed withdrawn and a new application must be filed. (Ord. 81-6-872 § 1 (part))

The chief of police shall issue a massage establishment permit to the applicant if all requirements of this chapter for a massage establishment are met. Moreover, and in addition to the provisions of Section 5.16.120, such a permit shall not issue if the chief of police reasonably determines that the applicant made misrepresentations on the application or any of the applicants have been convicted of one of the crimes specified in Section 51032 of the Government Code as amended from time to time. Any permits issued under this chapter are nontransferable. (Ord. 81-6-872 § 1 (part))

Upon any permit required by this chapter being refused, or suspended or revoked, as specified in this chapter, the applicant or permittee may, within fifteen days after notice thereof has been sent by registered or certified mail, file a written request with the city clerk for a hearing by the council to review such refusal, suspension or revocation. Upon the filing of such a request, the city clerk shall set such hearing within forty-five days and, unless waived in writing by such person, shall serve 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 fifteen days in advance of such hearing. The council may affirm the denial, revocation, or suspension, or order the issuance, or reinstatement of any permit. The applicant shall have the right to: present witnesses on his behalf; cross-examine witnesses; and present evidence and shall have the right to a full and fair determination according to the evidence. (Ord. 81-6-872 § 1 (part))

A. The chief of police may revoke or suspend any permit issued under this chapter at any time upon a determination that there has been a material false statement made in the application; that there has been a transfer of an ownership interest in the establishment or any entity which may own it; that there has been false, misleading or deceptive advertising as specified in this chapter; that there has been a failure to correctly keep and make the records specified in Section 5.16.080 available for inspection; that there has been a failure to comply with the provisions of this chapter or of any law of the state regulating massage establishments or massage technicians; that the permittee, any other applicant under the application, or any operator or massage technician of such massage establishment has been convicted of a crime specified in Section 51032 of the Government Code as amended from time to time; or that such massage establishment has been operated in a manner which endangers the patrons thereof or the public welfare. Any suspended permit must either be reinstated or revoked by the chief of police within ninety days after the date of suspension thereof. B. Notice of any such decision to suspend or revoke shall be given in writing served by registered or certified mail to the permittee and shall only be final and effective at the end of the fifteenth day after such service unless the permittee has theretofore filed an appeal therefrom with the council, which shall then hold a de novo hearing in accordance with the provisions of Section 5.16.140 at which the chief of police shall have the burden of proof. (Ord. 81-6-872 § 1 (part))

No person may apply for a permit under this chapter within one year from denial of a permit to such applicant or within one year from the revocation of a permit issued to such permittee, unless the cause of the denial or revocation has been, to the satisfaction of the chief of police or council, removed within such time. (Ord. 81-6-872 § 1 (part))

Each person to whom a permit has been issued under this chapter shall immediately surrender his permit to the chief of police upon its revocation or suspension. (Ord. 81-6-872 § 1 (part))

Upon the sale or transfer of any interest in a massage establishment or any entity owning such massage establishment, the permit issued pursuant to this chapter shall be null and void unless the sale or transaction is to an applicant shown on the application for the permit pursuant to which the establishment was operated. A new application under this chapter shall be made by any person, firm, or entity desiring to own or operate such massage establishment. (Ord. 81-6-872 § 1 (part))

A. All persons who possess an outstanding permit heretofore issued by the city to operate a massage establishment must apply for a permit and shall be issued a license or permit within ninety days of the effective date of the ordinance

codified in this chapter if they qualify under the provisions of this chapter, and in any event any permits issued under this chapter prior to the effective date of the ordinance codified in this chapter shall be null and void upon the passage of ninety days from the effective date hereof. B. As to any existing and properly licensed massage establishments as of the effective date of the ordinance codified in this chapter, and pending the application and the issuance of or denial of a permit under this chapter as above specified, the provisions of Sections 5.16.010, 5.16.020, 5.16.030, 5.16.040, 5.16.050, 5.16.060, 5.16.070, 5.16.080, 5.16.090, 5.16.100, 5.16.130, 5.16.140, 5.16.150, 5.16.160, 5.16.170, 5.16.190, 5.16.200 and 5.16.210 shall apply to such existing establishments licensed under the terms of this chapter prior to the amendments effected by this chapter. (Ord. 81-6-872 § 1 (part))

A. Every person, except those persons who are specifically exempted by particular provisions in this chapter, whether acting as an individual, owner, employee of the owner, operator, or employee of the operator, or whether acting as an attendant for the owner, employee, or operator, or whether acting as a participant or worker in any way, who does or practices any of the other things or acts mentioned in this chapter for which a permit is required without first obtaining a valid permit from the city is guilty of a misdemeanor and shall be punished in accordance with Section 1.16.010. B. Any owner, operator, manager, or permittee in charge of or in control of a massage establishment who knowingly employs a person who performs or offers to perform a massage as defined in this chapter who is not in possession of a permit under Chapter 5.17 is guilty of a misdemeanor and shall be punished in accordance with Section 1.16.010; and the massage establishment permit issued under this chapter shall be revoked. C. Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and the same 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 hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and he 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 the provisions of this chapter. D. Any failure or refusal of the owner, operator, manager, or permittee under this chapter to allow premises inspections or to make immediately available for inspection the records and documents specified by this chapter upon demand by the chief of police or his designated representative during the operating hours of an establishment shall be a violation of the provisions of this chapter and shall be grounds for revocation or suspension of the massage establishment permit pursuant to which the establishment is operated. (Ord. 81-6-872 § 1 (part))

Nothing in this chapter shall be construed to modify, repeal or affect the zoning laws of the city. (Ord. 81-6-872 § 1 (part))

If any word, phrase, clause, sentence, or section of this chapter is for any reason invalid, such invalidity shall not impair the validity of any other part of this chapter, and the council declares that it would have enacted all of this chapter without any such invalid part thereof. (Ord. 81-6-872 § 1 (part))