South El Monte Municipal Code § 7.15 County Business Licensing Ordinance Adopted

As used in this chapter:

"Acupressure"

means the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied by the acupressurist in order to prevent or modify the perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.

"Acupressurist"

means a person who administers acupressure.

"Acupressure establishment"

means a place wherein acupressure is administered.

"Employee"

shall mean any person, other than an acupressurist, who renders any service to an acupressure establishment, and who receives compensation directly from the acupressure establishment licensee or his or her agent.

"Recognized school of acupressure"

means (1) any school or other institution of learning which has been approved by the California Department of Education under Section 94311 of the California Education Code and whose acupressure curriculum satisfies the minimum requirements set forth in Section 18818, Title 5, Division 21 of the California Administrative Code, and (2) any school or other institution of learning outside the state of California whose acupressure curriculum would satisfy the minimum requirements set forth in Section 18818, Title 5, Division 21 of the California Administrative Code.

A. Every person owning, conducting or managing an acupressure establishment shall first procure a license and for each of such places pay an annual license fee in the amount set forth under the appropriate heading in Section 7.14.010.

B. Any person who engages in, conducts, or carries on, or so permits, the operation of an acupressure establishment without first obtaining a valid acupressure establishment license issued pursuant to the provisions hereinafter set forth shall be guilty of a misdemeanor.

C. No person shall qualify for an acupressure establishment license who is not at least 18 years of age.

A. Each applicant for an acupressure establishment license shall apply under penalty of perjury to the Finance Officer. The application for such a license shall be accompanied by a non-refundable fee of $50.00 to defray, in part, the cost of investigation. This fee shall be in addition to any other fee required under any other section or subsection of this Code.

B. Submission of an application for a license does not authorize the applicant to operate an acupressure establishment.

C. Every applicant for a license shall additionally supply the following information in writing to the Police Department, accompanied by a non-refundable fee of $50.00 to defray, in part, the cost of investigation:

1. The date of the application.

2. The applicant's full true name, any other names used, date of birth, sex, height, weight, color of hair, color of eyes, California Drivers License Number or California Identification Number, Social Security Number, present residence address, and present residence telephone number. Additionally, the applicant shall submit two photographs of the applicant to be taken by the police department and, if required by the Finance Officer, the applicant must furnish its fingerprints.

3. The applicant's residences, and the dates thereof, for the five years preceding the date of the application.

4. The applicant's business, occupation, and employment history, and the dates thereof, for the five years preceding the date of application.

5. The applicant's entire permit and license history, and the dates and types thereof, including any permit or license issued by any agency, board, city, county, territory, or state. Such history shall include the address, city and state, and the approximate dates, if any, where and when the applicant practiced a similar business, either alone or in conjunction with others. The applicant shall indicate whether any such permit or license was revoked or suspended and, if so, the reasons for such revocation or suspension.

6. The applicant's entire record of criminal convictions (except non-felony traffic offenses) and ordinance violations, and the dates and places thereof.

7. A complete description of all services to be provided at the acupressure establishment and of any other business to be operated on the same or, when owned or controlled by the applicant, adjoining premises.

8. Acceptable written proof that the applicant is at least 18 years of age.

9. The name, address, and date of birth of each acupressure therapist and each employee who is or will be employed in the acupressure establishment.

10. The name and address of any acupressure establishment or other like establishment, including, but not limited to massage establishments, owned or operated by any person whose name is required to be given pursuant to this section.

11. If the applicant is a corporation, its name exactly as shown in its Articles of Incorporation or Charter, its state and date of incorporation, and the names and residence addresses of each of its current officers, directors, and any stockholders holding more than 5% of the corporation's stock.

12. If the applicant is a partnership, the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of subsection (13) pertaining to corporate applicants shall apply.

13. If the applicant is either a corporation or partnership it shall designate on the application one of its officers or general partners as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this Section. Only one application fee shall be required.

The corporation's or partnership's responsible managing officer must be all times meet all of the requirements set for licensees by this Part. If a violation of this duty should occur, the corporation or partnership license shall be suspended until a responsible managing officer who meets such requirements is designated. If no acceptable person should be found within 90 days of a violation, the corporation or partnership license shall be deemed canceled and a new initial application for license must be filed.

D. The applicant or, if the applicant is a partnership or corporation, its designated responsible managing officer shall personally appear at the Police Department of the City and produce proof that the application fee has been paid and shall present the application containing the required information as described in this section.

E. The applicant shall notify and cause the Los Angeles County Health Department to inspect the premises sought to be licensed to ensure compliance with all applicable health laws.

If the Department determines that the premises are in full compliance, the applicant shall submit a copy of the Department of Health's report to the Police Department. If the Police Department does not receive such a report within 60 days of the date of filing, the application shall be deemed void and a new application, including the payment of all associated fees, shall be required for a license.

All fees charged by the Los Angeles County Health Department shall be incurred by the applicant separately of any other fees or charges set forth in this section.

F. The applicant shall immediately notify the Finance Officer of any change to any of the information required to be submitted pursuant to this part which may occur during the license application and consideration process.

A. Except as provided in Section 7.06.260, the Commission shall hold a public hearing on every application for a license required by this Part I within 60 days of the date the application is accepted as complete by the City, and shall give notice of such hearing as required by Section 7.10.130 of this Title. At the conclusion of the public hearing, the Commission shall grant the license upon making all of the following findings:

1. That the required fee(s) have been paid.

2. That the application conforms in all respects to the provisions of this chapter.

3. That the applicant has cooperated fully in the investigation of the application.

4. That the applicant has not made a material misrepresentation in the application.

5. That the applicant has not, within the eight years immediately preceding the application, been convicted in a court of competent jurisdiction, nor entered a plea of guilty or nolo contendere to a charge of any offense involving conduct which requires registration under California Penal Code Section 290, or to a charge alleging a violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, 647(a), 647(b) or 647(h), or to a charge alleging a violation of California Penal Code Section 415 in satisfaction of or as a substitute for any of the previously listed crimes.

If the applicant is a corporation, this section applies equally to its directors and officers, and to any of its stockholders who own 5% or more of the corporation's stock.

6. That the applicant has not had an acupressure establishment permit or license, an acupressurist permit or license or any similar permit or license denied, revoked, or suspended by the City or by any State or local agency within one year prior to the date of the application.

7. That the acupressure establishment as proposed by the applicant would comply with all applicable laws, including but not limited to applicable health, building, zoning, fire, and safety codes.

8. That the applicant is at least 18 years of age.

9. That the applicant possesses good moral character and is a proper person to conduct such a business.

B. If the Commission, following the public hearing, deems that any of the foregoing findings cannot be supported, the application shall be denied. If the application is denied, the applicant shall have the right to appeal the denial to the City Council pursuant to Chapter 7.12.

Subject to the exception below for partnerships, no acupressure establishment license may be sold, transferred, or assigned by the licensee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to be a voluntary surrender of the license and it shall thereafter be deemed terminated and void. If the licensee is a corporation, its acupressure establishment license shall be deemed terminated and void under this section when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license, or any stock authorized but not issued at the time of the granting of a license, is thereafter issued and sold, transferred, or assigned.

Notwithstanding the foregoing, if one or more partners of a partnership which is a licensee dies during the life of the license, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license; in such case, the licensee shall thereafter be deemed to be the surviving partner(s).

No person shall engage in, conduct, or carry on, or so permit, any acupressure establishment unless each and all of the following requirements are met:

A. Each person employed or acting as an acupressurist shall have a valid license issued by the City Clerk. It shall be unlawful for any owner, manager, operator, responsible managing employee, or licensee in charge of or in control of an acupressure establishment to employ or permit a person to act as an acupressurist who is not in possession of a valid, unrevoked acupressurist license issued pursuant to this section.

The possession of a valid acupressure establishment license does not authorize the possessor to perform work for which an acupressurist license is required.

B. Acupressure treatments may be carried on or conducted and the premises may be open, only between the hours of 7:00 a.m. and 10:00 p.m.

C. A list of available services and the cost of such services shall be posted in an open public place within the premises and shall be described in English. This in no way restricts the establishment from also posting the same information in other languages within the premises. No owner, manager, operator, responsible managing employee, or licensee shall permit, and no acupressurist shall offer or perform, any service other than those posted.

D. The acupressure establishment license and a copy of the license of each and every acupressurist employed in the establishment shall be displayed in an open and conspicuous place on the premises.

E. Every acupressure establishment shall keep a written record of the date and hour of each treatment, the name and address of each customer, the name of the acupressurist administering in English and shall be kept on the premises and administered. The records shall be maintained for a period of two years.

Only those officials who are charged with enforcement of this chapter shall inspect these records and they shall not use any information contained therein for any purpose other than enforcement of this chapter.

No acupressure establishment licensee or acupressure establishment employee shall utilize the records in any manner or for any purpose which is unrelated to enforcement of this chapter.

F. All employees, including acupressurists, shall at all times while on the premises of the acupressure establishment be clean and shall wear clean, non-transparent outer garments covering the body from knee to neck; the use of such garment shall be restricted to the acupressure establishment. Separate dressing rooms for each sex, equipped with individual lockers for each employee, shall be available on the premises.

G. No persons shall enter, be, or remain in any part of an acupressure establishment while in the possession of, consuming, or using alcoholic beverages or drugs, except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or licensee shall not permit any person in violation of this section to enter or remain upon the premises.

H. No acupressure establishment licensee may place, publish, or distribute, or so direct or permit, any advertising matter which either depicts any portion of the human body or includes matter in its text which could be reasonably construed as suggesting to prospective customers or clients that any service is available other than those acupressure treatments and any other services which the acupressure establishment licensee is legally authorized to provide on the premises.

I. No acupressure treatment shall be given in an acupressure establishment within any cubicle, room, booth, or other area which is fitted with a door capable of being locked.

J. All exterior doors; the door separating the waiting/reception area from the remainder of the premises; and the door separating the hallway leading to treatment rooms or cubicles from the remainder of the premises shall remain unlocked during business hours. This includes the deactivation of any electric locking devices.

K. No acupressure treatments may be administered unless the patron wears clothing which fully covers the patron's genitals and, if female, breasts.

L. No acupressure establishment may be open for business unless there is on the premises at all times at least one acupressurist holding a current, unrevoked license.

M. No persons other than the person receiving acupressure treatment and the administering acupressurist may be within a room in an acupressure establishment wherein acupressure treatment is being administered.

N. At least one artificial light with an intensity of not less than a 60 watt bulb shall be hung from ceiling directly above any work table or booth where acupressure services are being performed on a patron.

O. Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked "Clean Linen" and "Soiled Linen."

P. All walls, ceilings, floors, sinks, and all other physical facilities shall be kept in clean and sanitary condition and in good repair.

Q. A minimum of one separate wash basin shall be provided for each acupressurist who works at the establishment at any one time. Such a basin shall provide soap or detergent and hot and cold running water at all times, and shall be located as close as practicable to the area devoted to the administration of acupressure. In addition, sanitary towels shall be provided at each wash basin in permanently installed dispensers.

R. A clean sheet or other effective sanitary covering shall be placed over any table, floor or other area upon which a client will lie in the course of receiving an acupressure treatment. The sheet or other covering shall be deposited in the "Soiled Linen" cabinet at the conclusion of any acupressure treatment. Acupressurists shall thoroughly wash their hands and arms with hot water and soap before and after each acupressure treatment.

S. No acupressure treatment shall be performed or applied to any patron nor by any acupressurist when the applicant manager, supervisory employee, or acupressurist has any reasonable basis to believe the patron or acupressurist might be infected with a virus, bacteria, or other infectious agent which could be transmitted by the process of an acupressure treatment.

T. The holder of an acupressure establishment license shall notify the Finance Officer, in writing, of any change in information concerning the original application within 30 days of such change.

U. The holder of an acupressure establishment license shall notify the City Clerk, in writing, of the name and address of each person employed as an acupressurist within five business days of that person being employed.

V. The waiting/reception area shall be fully and clearly visible from the outside with no sight obstructions allowed on any windows areas; including signs, tinting solar film, or similar treatments.

W. Any person assuming managerial control of a licensed acupressure establishment shall be fluent in English.

X. No acupressure treatment may be given where the acupressurist touches the patron's genital area, buttocks, nor, if the patron is female, breasts.

A. The City Manager or his or her designee and a representative of the Los Angeles County Health Department shall have the right to periodically enter and inspect any acupressure establishment for the purpose of enforcing compliance with all applicable regulations and laws.

B. If, during such inspection, or at any other time, the Manager or his or her designee or a representative of the Los Angeles County Health Department becomes aware of any violation of the provisions of this chapter, the city Manager or his or her designee shall cause written notice of said violation to be served upon the violator either by personal delivery or by certified mail, return receipt requested. The notice shall inform the violator of the provisions of Section 7.15.140.

A. No holder of an acupressure establishment license may relocate an acupressure establishment currently within the City to another location within the City without first securing separate written statements signed by the Finance Officer and by the Director of Community Development which state that the proposed location and facilities comply with the provisions of this section.

B. No holder of an acupressure establishment license may operate under any name not specified in the original license without first securing from the Finance Officer a license which has been amended to record the change.

A licensee shall pay a renewal fee of $25.00 to the City Clerk to defray, in part, the cost of investigation required by this chapter.

A. Every person who engages in, conducts, or carries on the business of an acupressurist shall first procure a license and pay an annual license fee in the amount set forth under the appropriate heading in Section 7.14.010.

B. Any person who engages in, conducts, or carries on, the operation of an acupressurist without first obtaining a valid acupressurist license issued pursuant to the provisions hereinafter set forth shall be guilty of a misdemeanor.

C. No person shall qualify for an acupressurist license who is not at least 18 years of age.

A. Each applicant for an acupressurist license shall apply under penalty of perjury to the Finance officer. The application for such a license shall be accompanied by a non-refundable application fee of $50.00 to defray, in part, the cost of investigation. This application fee shall be in addition to any fee required under any other section or subsection of this Code.

B. The application for a license does not authorize the applicant to engage in the business of an acupressurist until such license has been granted.

C. Every applicant for a license shall additionally supply the following information in writing to the Police Department, accompanied by a non-refundable fee of $50.00 to defray, in part, the cost of investigation:

1. The date of the application.

2. Each and every fact set forth in paragraphs 2-8 of subsection C of section 7.15.030. If certain required information is not applicable, the applicant shall so indicate.

3. Whether the applicant currently possesses or has applied for an acupressurist license.

4. The full name, address and telephone number of the acupressure establishment at which the applicant will be employed. If, subsequent to the original application, the applicant seeks employment at an acupressure establishment other than that indicated thereon, the applicant shall submit another application stating the change. In such event, the applicant shall pay an additional application fee.

5. Such other information as the Police Department may require in order to discover the truth of the matters herein required.

A. Except as provided in Section 7.06.260, the Commission shall hold a public hearing on every application for a license required by this Part II within 60 days of the date the application is accepted as complete by the city, and shall give notice of such hearing as required by Section 7.10.130 of this title. At the conclusion of the public hearing, the Commission shall grant the license upon making all of the following findings:

1. That the required fee(s) have been paid.

2. That the application conforms in all respects to the provisions of this chapter.

3. That the applicant has cooperated fully in the investigation of the application.

4. That the applicant has not made a material misrepresentation in the application.

5. That the applicant has not, within the eight years immediately preceding the application, been convicted in a court of competent jurisdiction, nor entered a plea of guilty or nolo contendere to a charge of any offense involving conduct which requires registration under California Penal Code Section 290, or to a charge alleging a violation of California Penal Code Sections 266(h), 266(i), 314, 315, 316, 318, 647(a), 647(b) or 647(h), or to a charge alleging a violation of California Penal Code Section 415 in satisfaction of or as a substitute for any of the previously listed crimes.

6. That the applicant has not had an acupressurist license or permit, an acupressure establishment permit or license or any similar permit or license denied, revoked, or suspended by the City or by any State or local agency within one year prior to the date of the application.

7. That the applicant is at least 18 years of age.

B. If the Commission, following the public hearing, deems that any of the foregoing findings cannot be supported, the application shall be denied. If the application is denied, the applicant shall have the right to appeal the denial to the City Council pursuant to Chapter 7.12.

A. Acupressurists shall at all times on the premises of the acupressure establishment be clean and wear non-transparent outer garments covering the body from knee to neck.

B. No acupressurist may perform any acupressure treatments services in any location other than at an acupressure establishment holding a valid acupressure license.

C. No acupressurist may administer acupressure treatments at any location other than that location specified on the acupressurist's license.

D. No acupressure treatment may be administered where the acupressurist touches the patron's genital area, buttocks, nor, if the patron is female, breasts.

E. No acupressure treatments may be administered unless the patron is wearing clothing which fully covers the patron's genitals, buttocks and, if female, breasts.

F. No acupressure treatment may be administered in any cubicle, room, booth, or other area which is fitted with a door that is capable of being locked.

A licensee shall pay a renewal fee of $25.00 to the Finance Officer to defray, in part, the cost of investigation required by this section.

A. In addition to the grounds stated in any other section of this title, the Commission, after a hearing as provided in Chapter 7.10, may suspend or revoke an acupressure establishment or acupressurist license if it finds that either: (1) the licensee has been convicted or entered a plea of guilty or nolo contendere to any violation of Section 647a or 647b of the California Penal Code, or any lesser included offense thereof; or (2) the licensee has violated, or has permitted an employee, representative or agent to violate, any provision of this chapter on two separate occasions within a 12 month period.

B. Whenever a license has been revoked under the terms of this section, the former licensee, whether a person, partnership, corporation, or firm, shall not be granted a new license for a period of one year from the date of revocation.

(Prior code §7-2-8; Ord. §1, 1988; Ord. 847 §8, 1989; Ord. 884 §§1—5, 1990; Ord. 973 §§3, 4, 1995; Ord. 980 §8, 1996)