South El Monte Municipal Code Ch. 5.22 Massage Establishments

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

"California Massage Therapy Council (CAMTC)"

means the nonprofit organization created to regulate the massage industry in California pursuant to the Business and Professions Code, Chapter 10.5 of Division 2 (commencing with Section 4600).

"CAMTC certificate"

means a massage practitioner or therapist certificate issued by the CAMTC pursuant to the Business and Professions Code, Chapter 10.5 of Division 2.

"Certified massage practitioner" or "practitioner"

means any person to whom the CAMTC has issued a certificate pursuant to Business and Professions Code Section 4601(b) until December 31, 2014, or pursuant to Section 4604.2 anytime since January 1, 2015, and who provides massage services for compensation.

"Certified massage therapist" or "therapist"

means any person to whom the CAMTC has issued a certificate pursuant to Business and Professions Code Section 4601(c) until December 31, 2014, or pursuant to Section 4604 anytime since January 1, 2015, and who provides massage services for compensation.

"Compensation"

means a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value.

"Director"

means the South El Monte community development director.

"Massage"

means the scientific manipulation of the soft tissues.

"Massage establishment" or "establishment"

means any fixed location where massage is performed for compensation, including, but not limited to, those businesses that provide massage services accessory to their principal permitted use, such as an aromatherapist, acupuncturist, chiropractor, beauty salon, health club, beach club, skin care salon, and day spa. The term "massage establishment" or "establishment" includes a sole proprietor, an independent contractor, and any certified massage practitioner or therapist performing massage in the city without being employed by another massage establishment.

"Massage Therapy Act"

means the California Business and Professions Code, Chapter 10.5 of Division 2, commencing with Section 4600.

"Operator"

means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a massage business or establishment.

"Outcall massage"

means a massage provided in which the massage practitioner or therapist travels to the client's location, including but not limited to the client's home, hotel room or office.

"Owner"

means:

The sole proprietor of a massage business or establishment. As used in this chapter, the term "sole proprietor" shall mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massage therapy;

Any general partner of a partnership that owns and operates a massage business or establishment; or

Any person who has an ownership interest in five percent or more of a corporation that owns and operates a massage business or establishment.

"Sheriff's department"

means the Los Angeles County sheriff's department.

(Ord. 1195 §5, 2014)

Any person possessing a valid CAMTC certificate obtained and maintained in compliance with the Massage Therapy Act may perform or engage in the practice of massage for compensation within the city. Such persons shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certificate, and the provisions of this chapter.

(Ord. 1195 §5, 2014)

A. It is unlawful for any massage establishment to operate without first obtaining a city business license.

B. A massage establishment shall not operate under any name or conduct business under any designation not specified in the city business license, which shall be identical as the name listed in the applications for the massage establishment permit and the conditional use permit.

(Ord. 1195 §5, 2014)

A. It is unlawful for any massage establishment to operate without first obtaining a massage establishment permit.

B. Any individual or business that leases, subleases, or obtains a license from another massage establishment or otherwise obtains permission to use a room or space in that other establishment must obtain his, her or its own massage establishment permit to provide massage for compensation.

C. A massage establishment shall not operate under any name or conduct business under any designation not specified in the massage establishment permit, which shall be identical as the name listed in the applications for the city business license and the conditional use permit.

D. A massage establishment permit is valid for one location only. If a person or company moves to a new location, or if the person or company opens another location, the person or company shall obtain another massage establishment permit.

E. A massage establishment permit is nontransferable and non-assignable, both as to the location and the permittee.

F. A massage establishment permit is valid for one year and is not renewable. At least ninety days before the termination of the old massage establishment permit, the establishment shall obtain a new massage establishment permit.

(Ord. 1195 §5, 2014)

A. An application for a massage establishment permit shall contain the following information:

1. The name of the business, and if the business is a corporation, the name must be as set forth in the articles of incorporation and a copy of the articles must be submitted to the city with the application.

2. The proposed address of the business.

3. Proof that a conditional use permit has been obtained.

4. A list of all services to be offered or provided by the massage establishment:

a. In the event that the list of services is in other than the English language, the permittee shall, at the permittee's cost and expense, have copies available at the massage establishment that provide an accurate English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California.

b. The list of services shall be the same list of services as those conspicuously posted at the massage establishment.

5. The requested business hours.

6. For every owner, operator, and the applicant, or if the applicant is a business, its representative:

a. His or her full legal name and any alias or other name by which that person has been known in the past five years;

b. His or her phone number;

c. His or her current home address and every residential address in which he or she has lived for the past five years;

d. His or her date of birth;

e. A copy of his or her current, valid, unsuspended and unrevoked CAMTC certificate, if he or she has one;

f. A photograph that is at least two inches by three inches of that person by him or herself taken within the past five years;

g. A copy of a government-issued identification card that has a photograph;

h. A list of any other business, regardless of whether it is massage-related, located in the city that he or she owns or operates or has owned or operated in the past five years;

i. A list of all felony and misdemeanor convictions, excluding those for civil traffic offenses, unless the individual is CAMTC certified; and

j. His or her five-year business and employment history.

7. For each person providing massage, all of the items listed in subsection (A)(6)(a) through (f) of this section, except that a copy of his or her current, valid, unsuspended and unrevoked CAMTC certificate is required.

8. An address to which all notices and communications from the city to the applicant shall be directed.

9. The signature of the applicant, or if the applicant is a business, its representative that is authorized to bind the business with proof thereof, under penalty of perjury, stating that all information in the application is true and correct.

B. At the same time that the applicant submits the massage establishment permit application, the applicant shall submit a fee as listed in the city's schedule of fees.

C. Before the issuance of a massage establishment permit to any establishment, city staff shall make a reasonable investigation into the information provided in the application and shall verify the status of the CAMTC certificate(s) filed by the massage establishment permit applicant.

D. Any massage establishment owner, operator, or permit applicant, or if the applicant is a business, its representative, who does not possess a CAMTC certificate shall be subject to the following procedure:

1. The sheriff's department shall take copies of fingerprints.

2. The sheriff's department shall conduct, or shall cause to be conducted on its behalf, a background investigation.

3. At the time of fingerprinting, the massage establishment owner, operator, or permit applicant, or if the applicant is a business, its representative shall pay the sheriff's department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Such fees are set forth in the city's schedule of fees in amounts established by resolution of the city council.

E. The applicant, or if the applicant is a business, its representative, and each owner and operator must sign a declaration under penalty of perjury, submitted with the massage establishment permit application, regarding whether the declarant has had a previous massage establishment permit, massage practitioner or therapist certificate, city business license, or any other permit, certificate or license related to the business of owning or managing a massage establishment or providing massage for compensation issued pursuant to any ordinance, statute or law of any jurisdiction, which was denied, suspended or revoked. If any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment for which the license, certificate or permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) or reasons for the denial, suspension or revocation.

(Ord. 1195 §5, 2014)

A. The director shall not issue a massage establishment permit to a massage establishment in the following cases:

1. The applicant, or if the applicant is a business, its representative, fails to complete the application.

2. The applicant, or if the applicant is a business, its representative, made any false, misleading or fraudulent statement of material fact or omitted relevant information that is required by the city in the application or in any other documents required to be submitted to the city.

3. The massage establishment proposes to locate or is located in a zone in which such use is not permitted.

4. The massage establishment proposes to locate or is located in a zone in which such use is permitted with a conditional use permit, and the applicant has not yet obtained that conditional use permit.

5. The establishment will employ or contract with anyone to offer or provide massage who does not possess a current, valid, unsuspended and unrevoked CAMTC certificate.

6. The applicant has not obtained a city business license pursuant to Title 5 of this Code.

7. The facilities do not comply with the requirements of this chapter.

8. The applicant, or if the applicant is a business, its representative, an owner or an operator has had a massage practitioner, therapist or establishment permit, certificate or license suspended within one year or denied or revoked within three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation, denial or suspension.

9. Within five years immediately preceding the date of the filing of the application, the applicant, or if the applicant is a business, its representative, an owner or an operator that is not CAMTC-certified has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code Section 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316, inclusive, 318, 647(a), 647(b), 647(d), 647(i), or 647(j); any offense requiring registration under Penal Code Section 290 or Health and Safety Code Section 11590; any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code Sections 11054 to 11058, inclusive, as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the offenses mentioned here; any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement, or moral turpitude.

B. Any person aggrieved by the decision of the director may appeal that decision to the city manager or designee by filing a notice of appeal within ten days of being notified of the decision. The notice of appeal shall explain the reason(s) for the appeal. As soon as practicable after receiving the notice, the city manager's office shall set a date for the city manager to hear the appeal. The city manager shall render his or her decision within thirty days of the conclusion of the hearing, unless the parties agree otherwise. The city manager shall notify the applicant, or if the applicant is a business, its representative in writing of the decision within ten days of that decision being made. The city manager's decision shall be final.

(Ord. 1195 §5, 2014)

A. All owners and operators of the massage establishment are jointly and severally responsible for the establishment's compliance with this chapter and the conduct of anyone providing massage on the premises.

B. An owner or operator shall notify the city in writing within five business days from when a massage establishment obtains a new owner or hires a new operator, including his or her full name, CAMTC license number if he or she has one, home address, and the date of ownership or hire. If the new owner or operator is subject to a background check pursuant to this chapter, he or she shall have thirty days from date of ownership or hire to submit the application required by this chapter, to personally appear at the sheriff's department for fingerprinting, and to pay all applicable fees.

C. An owner or operator shall notify the city in writing within five business days from when another owner or operator ceases to be the owner or operator of a massage establishment, including his or her full name, CAMTC license number if he or she has one, and termination date.

D. It is unlawful for any massage establishment to employ an operator that has been convicted within the last five years of any felony or misdemeanor or has an outstanding warrant for his or her arrest regarding an offense having a reasonable relationship to his or her functions as the operator of the current establishment.

E. It is unlawful for any massage establishment to employ an operator who previously was a manager at a massage establishment that had its conditional use permit or massage establishment permit revoked within the last three years for an act or acts that occurred while that person was an operator.

F. There must be at least one operator on the premises during all business hours.

G. An owner or operator shall notify the city in writing within five business days from when the establishment hires a new massage practitioner or therapist, including his or her full name, CAMTC license number, home address, and date of hire.

H. An owner or operator shall notify the city in writing within five business days from when the establishment terminates the employment of a massage practitioner or therapist, including his or her full name, CAMTC license number, and termination date.

I. An owner or operator of a massage establishment shall notify the city within five business days of any change in the name, management or ownership of the establishment.

J. An owner or operator of a massage establishment shall notify the city within five business days of any change to the information in the application for the city business license, massage establishment permit, or conditional use permit.

K. An owner or operator may not record or allow recording of any massage services for compensation provided by the massage establishment, other than by law enforcement.

(Ord. 1195 §5, 2014)

A. It is unlawful for any massage establishment or its owner(s) or operator(s) to hire or employ any person for the purpose of performing massages without requiring that person to possess a current, unrevoked and unsuspended CAMTC certificate.

B. It is unlawful for any massage establishment or its owner(s) or operator(s) to allow an independent contractor to perform massages at the massage establishment if that independent contractor does not possess a current, unrevoked and unsuspended CAMTC certificate.

C. A massage establishment shall not allow anyone without a current, unrevoked and unsuspended CAMTC certificate to provide massage at or on behalf of the establishment.

D. It is unlawful for any person to provide massage for compensation within the city without first obtaining a CAMTC certificate.

E. A massage establishment shall provide the city with a full list of all of its employees. That list shall include each employee's CAMTC certificate number if he or she has one, all past CAMTC discipline, whether that person shall be providing massage, and his or her role in the establishment (e.g., manager).

F. A massage practitioner or therapist may not record or allow recording of any of his or her massage services for compensation, other than by law enforcement.

G. A massage practitioner or therapist shall not lock any exterior doors during business hours, unless the massage establishment is owned by one individual with one or no employees or independent contractors.

H. A massage practitioner or therapist shall thoroughly wash his or her hands and arms with hot water and soap before every massage.

I. A massage practitioner or therapist may not provide massage for compensation under any name not specified in his or her CAMTC certificate.

J. A massage practitioner or therapist shall have his or her original CAMTC-issued identification card, rather than a copy thereof, in his or her possession while providing massage services for compensation.

K. A massage practitioner or therapist shall not offer or provide any service other than those services posted at the massage establishment, which shall be the same as the services listed in the massage establishment permit application of as later amended.

L. A massage establishment must notify the city immediately upon the establishment's notice of any disciplinary action, including, but not limited to, suspension or revocation of the certificate, taken by the CAMTC, regarding one or more of the establishment's massage practitioners or therapists, and shall immediately submit a copy of any notice or order in this regard to the city.

M. A massage practitioner or therapist must notify the city immediately upon his or her notice of any disciplinary action, including but not limited to suspension or revocation of his or her certificate, taken by the CAMTC, and must immediately submit a copy of any notice or order in this regard to the city.

N. If any massage practitioner's or therapist's CAMTC certificate is suspended, he or she may not provide any massage services in the city for the entire suspension period.

O. A massage practitioner or therapist shall at all times comply with all applicable laws.

P. A massage practitioner or therapist shall not dress while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following: attire that is transparent, see-through, or substantially exposes the certificate holder's undergarments; swim attire, if not providing a water-based massage modality approved by the CAMTC; a manner that exposes the certificate holder's breasts, buttocks, or genitals; a manner that constitutes a violation of Penal Code Section 314; or a manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

(Ord. 1195 §5, 2014)

A. The director may request information from the CAMTC pertaining to any CAMTC-certified massage practitioner or therapist or an applicant for such certification who is or will be offering or providing massage in the city. The requested information may include, but need not be limited to, the current status of the individual's CAMTC certificate, any history of disciplinary action(s) taken against the individual, the home and work addresses of the CAMTC certificate holder, and any other information that may be necessary to verify facts relevant to administering the provisions of this chapter.

B. The city shall inform the CAMTC of all municipal code violations, arrests, criminal charges, convictions, and sex offender status of any certified massage practitioner or therapist, including the name of his or her employer.

(Ord. 1195 §5, 2014)

All massage establishments within the city that are established pursuant to this chapter must comply with the following facility requirements:

1. Every massage establishment shall comply with all applicable municipal code and state statutory or regulatory requirements and standards, including, but not limited to, those related to health, zoning, fire, and safety.

2. All massage establishments must comply with all state and federal statutes and regulations pertaining to disabled clients.

3. A massage establishment must display its massage establishment permit, rather than a copy thereof, in a conspicuous place at that establishment.

4. A massage establishment must display copies of all massage practitioners' and therapists' CAMTC certificates in a conspicuous place at that establishment.

5. A massage establishment must display in a conspicuous place at that establishment a photograph taken within the last five years that is at least four inches by six inches of each massage practitioner or therapist employed at that location by him or herself.

6. A sign made of a durable material and no smaller than two feet by three feet shall be permanently posted at the main entrance identifying the establishment as a massage establishment. All signs shall comply with the city's sign ordinance.

7. A list of all currently available services shall be conspicuously posted in the reception area of the massage establishment at all times.

a. In the event that the list of services or any part of the list posted is in other than the English language, the permittee shall, at the permittee's cost and expense, have copies available at the massage establishment that provide an accurate English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California.

b. The list of services shall at all times be the same list of services as those in the application for the massage establishment permit, or as later amended and submitted to the city.

c. A massage establishment shall not offer or provide any services not posted without first revising the list provided to the city and the sign posted at the establishment.

d. A massage establishment shall not allow anyone on the premises to offer or provide any services other than those listed in the massage establishment permit application and posted on the sign.

8. If a massage establishment has a glass window or door at the entrance to such establishment, and that window or door does not show a room where massage is provided, that glass shall remain clear and shall not be painted over, darkened or blocked by any cloth or obstruction, such that the front area where patrons are greeted is visible from outside of the establishment.

9. Exterior doors must be unlocked during business hours, unless the massage establishment is owned by one individual with one or no employees or independent contractors.

10. The massage establishment shall provide ventilation as required in the California Building Code.

11. The massage establishment shall obtain permits and inspections for all construction work done on site, in accordance with Title 15 of this Code.

12. Minimum lighting must be provided in accordance with the California Building Code.

13. Adequate dressing, locker and toilet facilities shall be provided for patrons. A minimum of one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, one toilet and one washbasin, shall be provided in every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate massage rooms, dressing rooms and toilet facilities shall be provided for male and female patrons.

14. Wash basins for massage practitioners and therapists shall provide soap or detergent, hot and cold running water, and sanitary towels at all times.

15. By each wash basin, the massage establishment must install a permanent sanitary towel dispenser.

16. The massage establishment must have at least one closed cabinet or bin for clean linens and towels and another closed cabinet or bin for soiled linens and towels.

17. The massage establishment must provide clean and sanitary towels, bathrobes, sheets and linens; no common use or reuse of these items is allowed without laundering.

18. A patron must be draped with a clean, opaque towel or garment that covers at least his or her genitalia and her breasts.

19. Walls, ceilings, floors, pools, showers, bathtubs, steam and vapor rooms, and all physical facilities must be in good repair and in clean and sanitary condition.

20. Walls in all rooms containing water baths, steam baths or showers shall have washable, moldresistant surfaces.

21. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected at least once per business day.

22. Bathtubs shall be cleaned and disinfected after each use.

23. Instruments used in administering massage must be disinfected and sterilized after each use.

24. All massage liquids, powders, creams, or other preparations must be kept in clean, closed, labeled containers. Powders must be kept in clean shakers or containers.

25. Portions of liquids, powders, creams or other preparations used or made available shall be removed so as to not contaminate the remaining portions.

26. Massage tables must be covered with durable, washable plastic or some other waterproof material.

27. A clean sheet or heavy paper must be placed over any table, floor or other area where the patron will lie.

28. Foam pads of more than four inches thick and more than four feet wide may not be used.

29. Beds, mattresses and waterbeds may not be used in the administration of massage.

30. No one shall reside or sleep at the massage establishment's facility.

31. A person or entity, including a massage establishment, may not lease, sublease, grant a license or other otherwise grant permission to any individual or entity to use a room or space within a facility to provide massage for compensation if that individual or entity does not obtain his, her or its own massage establishment permit. The landlord shall be jointly and severally responsible for the establishment's compliance with this chapter and the conduct of anyone providing massage on the premises.

(Ord. 1195 §5, 2014)

A massage establishment shall not remain open for business or provide any services at any time between the hours of ten p.m. to seven a.m.

(Ord. 1195 §5, 2014)

No person shall enter or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage, unless the establishment has a current and valid ABC license and all required city approvals, nor shall he or she possess any drugs, except pursuant to a prescription therefor.

(Ord. 1195 §5, 2014)

A. The city has the right to conduct reasonable inspections of any massage establishment during regular business hours to ensure compliance with the Massage Therapy Act, this chapter, and other applicable fire, health and safety requirements.

B. A massage establishment's owner, operator, employee or representative may not prohibit or interfere with any lawful inspection of the premises.

C. Nothing in this chapter shall prohibit the city from pursuing any and all available legal remedies to secure entry into and inspection of the premises if such entry is refused.

(Ord. 1195 §5, 2014)

A. Every massage establishment established pursuant to this chapter shall maintain on its premises evidence for review by city authorities that demonstrates that all persons providing massage services at the business establishment, whether such persons are employees or independent contractors, are certified by the CAMTC.

B. Every certified massage practitioner and certified massage therapist shall display his or her CAMTC certificate at his or her place of business.

C. Each practitioner and therapist shall have his or her CAMTC-issued identification card in his or her possession while providing massage services.

(Ord. 1195 §5, 2014)

With respect to advertising, a massage establishment shall adhere to the following rules:

A. A massage establishment shall not engage in or allow its employees to engage in sexually suggestive advertising related to massage services.

B. A massage establishment shall not hold anyone out as certified massage practitioners or therapists, or use terms such as "licensed" or "certified," that implies that uncertified persons are certified as massage practitioners or therapists.

C. A massage establishment shall not falsely state, advertise or distribute any sign or card, or falsely represent to the public, that any individuals are licensed, certified, or registered as massage practitioners or therapists if those individuals are not so certified.

D. To the extent that massage practitioners or therapists are named in advertising, the massage establishment shall include the massage practitioners' and therapists' names under which they are certified and their certificate number(s).

E. A massage establishment's advertising, including but not limited to any sign, flyer or card, shall only list or suggest services that can lawfully be provided at the establishment, and such services shall be included in the application for the massage establishment permit, as may be later amended.

(Ord. 1195 §5, 2014)

A. The provisions of Chapter 17.41 of Title 17 and this chapter shall not apply, except as noted, to the following individuals while engaged in the performance of their duties, provided sufficient documentation verifying exempt status is furnished to the sheriff's department:

1. Employees of state-licensed hospitals, nursing homes, and other state-permitted health care facilities while working in those facilities;

2. Individuals holding a valid permit to practice the healing arts under the laws of the state, including, but not limited to, holders of medical degrees such as physicians, surgeons or chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses;

3. Barbers and cosmetologists who are licensed under the laws of the state while providing massage therapy within the scope of such licenses, provided that the massage therapy is limited to the neck, face, scalp, feet, and lower limbs up to the knees, hands and arms of clients; and

4. Employees or independent contractors working for recognized schools of massage and their students, provided the students administer massage therapy only under the direct personal supervision of an instructor. This exemption shall only apply at the location of the school and during normal school hours.

B. The provisions of this chapter shall apply to every business unless all of its employees and independent contractors are exempt under subsection A of this section.

C. If any other type of business, including but not limited to a tanning salon, spa, reflexology facility, chiropractor facility or acupuncture facility, allows any type of massage beyond that which is exempt under subsection A of this section, that business must adhere to the provisions of Chapter 17.41 of Title 17 and this chapter.

D. It is unlawful for any person licensed or certified in a field other than massage, including but not limited to an acupuncturist, chiropractor, or other health professional, to permit a massage establishment, practitioner or therapist to utilize a non-massage license or certificate issued to the person licensed or certified in another field for any reason.

E. Any currently existing massage use that does not comply with the provisions of this chapter shall have one year from the date that this chapter is effective to get into compliance with all of the provisions of this chapter.

(Ord. 1195 §5, 2014)

A. The director may revoke approvals issued under this chapter for one or more of the following reasons:

1. The applicant is found guilty of fraud.

2. The massage establishment operates at a location that is impermissible or in a zone that requires a conditional use permit that the establishment did not obtain.

3. The massage establishment has employed, allowed, or permitted a person who was not certified by the CAMTC to perform massage services at the massage establishment.

4. Any employee or independent contractor working at a massage establishment engages in the practice of massage for compensation under any name other than the name listed on his or her CAMTC certificate.

5. A massage practitioner or therapist whose CAMTC certificate has been suspended provides massage services anytime during the suspension period.

6. The massage establishment fails to notify the city of any changes to the information previously provided within the required time.

7. No one at the massage establishment possesses a current, valid, unsuspended and unrevoked CAMTC certificate.

8. Any massage establishment owner, operator, employee, or any person performing or engaging in the practice of massage, violates a provision of this chapter or any other portion of the municipal code, the Massage Therapy Act or any other state statute or constitutional provision, or any federal statute or constitutional provision.

9. The facilities and operations of the massage establishment are not maintained in compliance with the provisions of this chapter, and the owner or operator has failed to promptly remedy any deficiency for which he or she has received notice.

10. Anyone who is employed by or provides services at the massage establishment provides an outcall massage within the city.

11. The massage establishment calls massage practitioners or therapists different names in advertisements than the names under which they are certified or does not list their certificate numbers.

12. The massage establishment engages in, or has any of its employees engage in, sexually suggestive advertising, related to massage for compensation.

13. The massage establishment holds individuals that are not certified out as certified massage practitioners or therapists or uses terms such as "licensed" or "certified," that imply that uncertified persons are CAMTC certified.

14. The massage establishment engages in or any of its employees engage in: any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence; any form of sexual activity while providing massage services for compensation; any massage of the genitals or anal region; or any massage of female breasts without the patron's written consent and a licensed California health care provider's referral.

15. Anyone at the massage establishment has failed to allow a representative of the city to conduct a lawful inspection.

16. The approval was issued in error.

B. The director shall cause a notice of revocation to be mailed by first class, postage prepaid, to the address provided in the massage establishment permit application.

C. A person who received notice of massage establishment permit revocation may request a public hearing on the issue by submitting a written request for such hearing to the city clerk within ten days of receipt of the notice. As soon as practicable after receiving the hearing request, the city manager's office shall set a date for the hearing. At such hearing, all persons interested shall be given an opportunity to be heard. The public hearing shall take place before the city manager or designated representative, who shall hear all facts and testimony he or she deems pertinent. The city manager shall not be limited by the technical rules of evidence.

D. Following the revocation hearing, the city manager or his or her designated representative shall determine whether the facts support a revocation of the massage establishment permit. If the facts justify such a determination, he or she shall order that the massage establishment permit be revoked. The city manager shall render his or her decision within fifteen days of the conclusion of the hearing, unless the parties agree otherwise, and shall notify the permittee in writing of the decision. The decision of the city manager or designee shall be final.

E. If the director revokes a massage establishment permit, or if on appeal the city manager orders that the massage establishment permit be revoked, the city shall report this revocation to the CAMTC.

(Ord. 1195 §5, 2014)

A. Any person who owns or operates a massage establishment in which he or she, any employee, or anyone providing massage violates, causes, maintains or permits another person to violate any provision of this chapter shall be guilty of a misdemeanor, unless the city attorney reduces the offense to an infraction, in accordance with Chapter 1.16 of this Code. Pursuant to Government Code Section 36900(a), the city attorney may prosecute these violations in the name of the people of the state.

B. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful. In addition to or in lieu of prosecuting a criminal action, the city may issue an administrative citation to that establishment or to any establishment owner, operator, employee or anyone providing massage within that establishment, in accordance with Chapter 1.14 of this Code.

C. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is hereby declared a public nuisance, and in addition to or in lieu of prosecuting a criminal action, the city attorney may commence an action or proceeding for the abatement, removal or enjoinment thereof in the manner provided by law, and may take such other steps and may apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. Further, any violations of this chapter may be prosecuted pursuant to Chapter 8.36 of Title 8 of this Code.

D. Nothing contained in this chapter shall be construed: to excuse or exempt any person from complying with the provisions of any other applicable ordinance, statute, or regulation; to excuse or exempt a massage establishment, including but not limited to a sole proprietor, an independent contractor, and any certified massage practitioner or therapist performing massage in the city without being employed by another massage establishment, from the provisions of any zoning, licensing, taxing, or other building ordinance, statute, or regulation; to excuse or exempt a massage establishment, including, but not limited to, a sole proprietor, an independent contractor, and any certified massage practitioner or therapist performing massage in the city without being employed by another massage establishment, from the payment of any license fees or penalties due or unpaid at the time of such conviction.

(Ord. 1195 §5, 2014)