West Covina Municipal Code § 14-129 Appeal procedure

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Editor's note— Ord. No. 1632, § 1, adopted April 23, 1984, repealed Article V (§§ 14-116—14-118) in its entirety, and section 2 of said ordinance added new sections 14-116—14-129. Former Article V was derived from Code 1960, §§ 4115, 4115.1, and 4116, with an editor's note in reference to sections 2 and 3 of Ord. No. 1576, adopted February 14, 1983.

Cross reference— Zoning, nonresidential user, § 26-597; home occupations prohibited, § 26-674; massage parlors and bathhouses, § 26-685.40 et seq.

For the purpose of this article, unless the context clearly requires a different meaning, the terms set forth in this section shall have the following meanings:

(a) Bathhouse means any place open to the public, including private club or organization, wherein any person engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, baths or showers of any kind whatsoever; provided, however, such term shall not include ordinary tub baths or showers where an attendant is not provided. "Bathhouse" shall include hot tubs, saunas, steam rooms, or other dry or wet heat sources.

(b) Employee means any person other than a massage technician, massage parlor licensee, or bathhouse licensee, who works on the premises of a massage parlor or bathhouse during business hours in any capacity that excludes physical contact with the customers.

(c) Health officer means the county health officer or any other person exercising the duties of health officer of the city.

(d) License means the license to operate a massage parlor or bathhouse as required by this article.

(e) License authority means the police chief or his designee charged with the administration of this article.

(f) Massage means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibration, manipulating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or other appliance or device, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations.

(g) Massage parlor means any place open to the public, including private club or organization, wherein any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as a regular function any massage service or combination of massage and health services.

(h) Massage technician means any person who administers massage to another person for any consideration whatsoever. "Massage technician" shall include masseur and masseuse.

(i) Outcall service means the engaging in, conducting or carrying on of any massage or bathhouse service for consideration at a location other than a massage parlor or bathhouse which has been licensed pursuant to this article.

(j) Permit means the permit to engage in the activities of a massage technician or massage or bathhouse employee as required by this article.

(k) Person means any individual, association, partnership, corporation, joint venture, or combination thereof.

(l) Recognized school of massage means any school or institution of learning which has been approved by the superintendent of public instruction of this state pursuant to Education Code Section 94300 et seq., and California Administrative Code, Title 5, Section 18823 et seq. or any successor statute or regulation. Any school or institution of learning offering or allowing courses of a massage technician not approved by the superintendent of public instruction shall not be deemed a recognized school of message.

(Ord. No. 1632, § 2, 4-23-84)

(a) It is unlawful for any person, as owner, to engage in, conduct, or carry on or to permit to be engaged in, conducted, or carried on, the operation of a massage parlor or bathhouse, without a valid massage parlor or bathhouse license issued by the license authority pursuant to this article.

(b) It is unlawful for any person to engage in, conduct or carry on the practice of massage for any compensation whatsoever, without a valid massage technician permit issued by the license authority pursuant to this article.

(c) It is unlawful for any person who does not hold a valid massage technician permit or a valid massage parlor license to work on the premises of a massage parlor during business hours, or for a person who does not hold a valid bathhouse license to work on the premises of a bathhouse during business hours, without a valid employee permit issued by the license authority pursuant to this article.

(Ord. No. 1632, § 2, 4-23-84)

It is unlawful for any person, including a person who holds a valid license or permit issued by the license authority pursuant to this article, to engage in any outcall service.

(Ord. No. 1632, § 2, 4-23-84)

(a) This article shall not apply to the following classes of businesses:

(1) Health spas or gymnasiums devoting less than ten (10) percent of their floor area to massage parlor or bathhouse activity or a combination of such activities; provided, that the massage parlor or bathhouse activity is not the primary function of the health spa or gymnasium; and

(2) Hospitals, nursing homes or sanitaria duly licensed under the laws of this state.

(b) This article shall not apply to the following classes of persons or to persons working under the direction of such persons, while engaged in the performance of their respective professions:

(1) Barbers and cosmetologists who are duly licensed under the laws of this state;

(2) Physicians, surgeons, chiropractors, osteopaths, physical therapists, nurses, and other persons who are duly licensed to practice any healing art under the laws of this state; and

(3) Trainers of any amateur, semiprofessional, or professional athlete or athletic team.

(Ord. No. 1632, § 2, 4-23-84)

(a) The application for a massage parlor or bathhouse license or permit shall be filed with the license authority on forms provided by the city for that purpose.

(b) The application shall be accompanied by a nonrefundable filing fee, as established by resolution of the city council. The application fee shall be used to defray the costs of investigation and shall not be paid in lieu of any other fees or taxes required under this Code. Any individual who applies for a massage parlor license and who desires to act as a massage technician within said establishment shall be required to pay the massage parlor license fee only.

(c) The applicant shall be required to provide the following information:

(1) Name and residential address and telephone.

(2) Driver's license number, if any.

(3) Previous residential addresses, if any, for the five (5) years immediately prior to the date of application and the dates of residence at each.

(4) All other previously used names and the dates of use of each such name.

(5) Written proof of being at least eighteen (18) years of age.

(6) Fingerprints, taken or caused to be taken by the license authority.

(7) Weight, height, and color of hair and eyes, subject to the right of the license authority to confirm such weight and height.

(8) Two (2) two-inch by two-inch prints of a recent portrait photograph, subject to the right of the license authority to take, or cause to be taken, additional photographs.

(9) A complete history of ownership of, and employment of the premises of, any massage parlor or bathhouse or similar business and of any business, occupation or employment as a massage technician, including all permits and licenses and any revocation or suspension thereof.

(10) A complete business, occupation and employment history for the three (3) years immediately prior to the date of application.

(11) Whether the applicant, within the five (5) years immediately prior to the date of application, has been convicted or has been on parole in any state for any crime, except misdemeanor traffic violations.

(12) Whether the applicant is currently required to register under the provisions of section 290 of the California Penal Code.

(13) Whether any business owned by the applicant, individually or as a member of an association, partnership, corporation, joint venture or any combination thereof, or any business premises on which the applicant was employed, was ever subject to an abatement proceeding under sections 11225 through 11235 of the California Penal Code or any provision of law in a jurisdiction outside this state which is the equivalent of the aforesaid abatement proceeding.

(d) The application for a massage parlor or bathhouse license shall be made by the legal owner of the business. In the event that more than one (1) person is the legal owner, a separate application shall be made by each such person. Every applicant shall provide, in addition to the information required by subsection (c), the following information:

(1) If the applicant is a corporation, the place of incorporation and the name of the corporation set forth exactly as shown in its articles of incorporation, together with the information required by subsection (c) for each corporate officer, director, and stockholder holding more than ten (10) percent of the stock of the corporation;

(2) If the applicant is an association, partnership, joint venture, or any combination thereof, the information required by subsection (c) for each general partner, limited partner and individual participant. If one or more of the general partners, limited partners or individual participants is a corporation, the provisions of (2) of this subsection shall apply; and

(3) The name and address of the proposed place of business, facilities therefor, and the exact nature of the services to be offered.

(e) Every applicant for a massage technician permit shall provide, in addition to the information required by subsection (c), the following information:

(1) The name and address of the recognized school of massage attended and the dates attended. An original or certified copy of the diploma or certificate of graduation awarded the applicant shall be attached; and

(2) The name and address of the massage parlor where the applicant is to engage in, conduct or carry on the practice of massage and the name of the owner of the same.

(f) Every applicant for an employee permit shall provide, in addition to the information required by subsection (c), the following information:

(1) The name and address of the massage parlor or bathhouse where the applicant is to work and the name of the owner of the same.

(2) The exact nature of the work to be performed by the applicant.

(Ord. No. 1632, § 2, 4-23-84)

(a) Within ninety (90) days of accepting an application as complete, the license authority shall grant the license or permit, which license or permit shall expire one (1) year after the date of issuance, or shall notify the applicant in writing of the reasons for the denial thereof. An applicant who is denied a license or permit may appeal the decision of the license authority to the city council in accordance with section 14-129.

(b) The license authority shall grant a massage parlor or bathhouse license if:

(1) Each person required to comply with subsection (d) of section 14-120 has satisfied the applicable requirements of section 14-120 and has not been disqualified pursuant to section 14-122; and

(2) An unclassified use permit, issued pursuant to Chapter 26 of this Code in the name of each person required to comply with subsection (d) of section 14-120, is in full force and effect for the massage parlor or bathhouse.

(3) The massage parlor or bathhouse, as proposed by the applicant, complies with the requirements of section 14-123 and all other applicable laws, including, but not limited to, the city's building, zoning, and health regulations.

(c) The license authority shall grant a massage technician permit to an individual person if:

(1) The applicant has satisfied the applicable requirements of section 14-120, has not been disqualified pursuant to section 14-122 and has graduated from a recognized school of massage; and

(2) The massage parlor in which the applicant intends to work has a valid massage parlor license issued by the license authority pursuant to this article.

(d) The license authority shall grant an employee permit to an individual person if:

(1) The applicant has satisfied the applicable requirements of section 14-120 and has not been disqualified pursuant to section 14-122; and

(2) The massage parlor or bathhouse in which the applicant intends to work has a valid massage parlor or bathhouse license issued by the license authority pursuant to this article.

(Ord. No. 1632, § 2, 4-23-84)

Every applicant for a massage parlor or bathhouse license, massage technician permit or employee permit must satisfy the following:

(a) Has attained the age of eighteen (18) years;

(b) Within five (5) years immediately prior to the date of application, has not been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of a massage parlor or bathhouse, whether as a massage parlor or bathhouse owner or employee or as a massage technician, or at any time, has not been convicted in a court of competent jurisdiction of any felony, the commission of which occurred on the premises of a massage parlor or bathhouse;

(c) Within five (5) years immediately prior to the date of application, has not been convicted in a court of competent jurisdiction of any felony offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code or of any offense in a jurisdiction outside this state which is the equivalent of any of the aforesaid offenses;

(d) Within five (5) years immediately prior to the date of application, has not been convicted in a court of competent jurisdiction of any offense involving the use of a controlled substance, other than marijuana, specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code or of any offense in a jurisdiction outside this state which is the equivalent of any of the aforesaid offenses;

(e) Within five (5) years immediately prior to the date of application has not been convicted in a court of competent jurisdiction of any violation of sections 266i, 315, 316, 318, or subdivision (b) of section 647 of the California Penal Code or conspiracy or attempt to commit any such offense or of any offense in a jurisdiction outside this state which is the equivalent of any of the aforesaid offenses;

(f) Within five (5) years immediately prior to the date of application, has not been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to abatement proceedings under sections 11225 through 11235 of the California Penal Code or any provision of law in a jurisdiction outside this state which is the equivalent of the aforesaid permanent injunction;

(g) Is not currently required to register under the provisions of section 290 of the California Penal Code; and

(h) Has not knowingly made a false statement or omission of a material fact in the application.

(Ord. No. 1632, § 2, 4-23-84; Ord. No. 1646, § 1, 8-27-84)

Every massage parlor and bathhouse licensed by this article shall be established and maintained by the licensee in accordance with the following facility requirements:

(a) A minimum of one (1) tub or shower, and one (1) toilet and washbasin shall be provided.

(b) Cabinets or other covered space shall be provided for the storage of clean linen. Self-contained receptacles shall be provided for the storage of all soiled linen and paper towels

(c) All lavatories and washbasins shall be provided with hot and cold running water, soap and single-service towels.

(d) Security deposit facilities capable of being locked by the customer shall be available for the protection of his or her valuables.

(e) Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material.

(f) If provision is made for separate rooms in which services are to be performed, any doors to such rooms shall open inward and shall not be equipped with any locking device.

(g) No massage parlor or bathhouse or any portion of a building in which such premises are located shall be used for residential or sleeping purposes.

(h) Every portion of the premises, including appliances and apparatus, shall be kept in good repair and in a clean and sanitary condition

(i) Each service offered and the price and minimum length of time shall be posted in a conspicuous public location in the room in which arrangements for services are made. No letter or number shall be less than one-half inch in height.

(j) The massage parlor or bathhouse license and the permit of each massage technician and massage or bathhouse employee who works on the premises shall be displayed in an open and conspicuous place on the premises of the massage parlor or bathhouse. A passport-size photograph of the licensee or permittee shall be affixed to the respective license or permit on display. The residential address and telephone number of the licensee or permittee shall not be displayed.

(Ord. No. 1632, § 2, 4-23-84)

Every massage parlor and bathhouse licensed by this article shall be operated in accordance with the following requirements, and every licensee and permittee shall comply with the applicable provisions hereof:

(a) The licensee shall require every permittee to keep, and every licensee and permittee shall keep, his person and clothing clean and in a sanitary condition at all times while on the premises.

(b) The licensee shall provide, in sufficient quantity, clean and sanitary towels, sheets and linens. No towel, sheet or linen shall be used by more than one person or reused unless first laundered. Heavy white paper may be substituted for sheets, provided that the paper is used only once and then discarded into a sanitary receptacle. No licensee or permittee shall use or permit the use of towels, sheets or linens in violation of the provisions of this subsection.

(c) The licensee shall provide disinfecting agents and sterilizing equipment for all instruments used in performing massages or other health services. The licensee shall not permit any massage or other health service to be administered, and no massage technician shall administer any massage or other health service with instruments that have not been disinfected and sterilized after the previous use.

(d) The licensee shall not permit to be sold, served, furnished, kept or possessed, and no licensee or permittee shall sell, serve, furnish, keep or possess, any alcoholic beverage on the premises.

(e) The licensee shall not permit the premises to be kept open for business, and no licensee or permittee shall administer any massage parlor or bathhouse service, between the hours of 10:30 p.m. of one (1) day and 7:00 a.m. of the following day.

(f) The licensee shall not permit any permittee to, and no licensee or permittee shall, while on the premises and in the presence of any customer, expose genitals, buttocks or female breast or make physical contact with the genitals or anus of any other person.

(g) The licensee shall not permit any person who does not hold a valid massage technician permit issued by the license authority pursuant to this article to administer massages, and no licensee or permittee who does not hold such a massage technician permit shall administer any massage.

(h) The licensee shall require compliance, and every licensee and permittee shall comply, with the requirements, that:

(1) All arrangements for massage parlor and bathhouse services to be performed be made in a room on the premises that is not used for the administration of any massage, bath, or other service.

(2) No services be offered, solicited, performed or charged for other than those posted.

(3) Arrangements be made, and payment be made and received, for all services prior to the performance of the services.

(4) No solicitation or offer be made to any customer to perform any additional service after the performance of any prearranged service for such customer has commenced or any service which was not arranged by such customer prior to the commencement of performance of any service rendered.

(Ord. No. 1632, § 2, 4-23-84)

(a) No person licensed to operate a massage parlor or bathhouse shall:

(1) Operate under any name or at any location or conduct business not specified in the license;

(2) Sell or transfer any interest in such business that would be required to be reported pursuant to section 14-120.

(b) No person to whom a massage technician permit or a permit to work as an employee in a massage parlor or bathhouse has been issued shall:

(1) Work under any name or at any location not specified in the permit;

(2) Sell or transfer the permit.

(c) Prior to the expiration of the license or permit or prior to a change of name or location, application may be made to the license authority for the renewal of, or an amendment to, the license or permit. The application shall be made on forms provided by the city for that purpose and shall be accompanied by a filing fee, as established by resolution of the city council. Within thirty (30) days of accepting an application as complete, the license authority shall grant the requested renewal or amendment, which renewed or amended license or permit shall expire one (1) year after the date of issuance, provided that the applicant has complied with all applicable provisions of this article, or shall notify the applicant in writing of the reasons for the denial thereof. An applicant who is denied a renewal or an amendment may appeal the decision of the license authority to the city council in accordance with section 14-129.

(Ord. No. 1632, § 2, 4-23-84; Ord. No. 1646, § 2, 8-27-84)

(a) The license authority shall have the right to enter any massage parlor or bathhouse during regular business hours to make reasonable inspection to ascertain whether the premises and each licensee and permittee who works on the premises is in compliance with the provisions of this article. A warrant shall be obtained whenever required by law.

(b) Whenever the license authority has reason to believe that any provision of this article has been violated, the licensee or permittee shall be so notified in writing. Such notice shall state the nature of the violation and a specific and reasonable period of time for the correction of the violation and shall state that failure to comply with the notice may result in the revocation or suspension of the license or permit.

(Ord. No. 1632, § 2, 4-23-84)

Any license or permit issued pursuant to this article may be suspended or revoked by the license authority after a hearing before the license authority, where it is found by clear and convincing evidence that:

(a) The licensee or permittee has violated any provision of this article; or

(b) The licensee or permittee has violated, or there has been a material charge of fact relative to, any of the findings upon which the license or permit was granted; or

(c) The licensee is operating or maintaining the massage parlor or bathhouse so as to constitute a public nuisance or so as to be detrimental to the public health, safety or welfare; or

(d) The licensee is operating or maintaining the massage parlor or bathhouse in a manner that is not consistent with the license or violates any provision of this article; or

(e) The licensee or permittee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact in applying for the license or permit, or while operating, working in or for a massage parlor or bathhouse; or

(f) The licensee or permittee has failed to correct a violation found pursuant to section 14-126; or

(g) The licensee has continued to operate the massage parlor or bathhouse after the license has been suspended; or

(h) The permittee has continued to work in or for massage parlor or bathhouse after the permit has been suspended or revoked; or

(i) The licensee has knowingly allowed a person to work as a massage technician or massage or bathhouse employee who:

(1) Does not have a valid permit issued pursuant to this article; or

(2) Has violated any provision of this article.

(Ord. No. 1632, § 2, 4-23-84)

(a) Before revoking or suspending any license or permit, the license authority shall give the licensee or permittee at least ten (10) days written notice of the alleged grounds for the revocation or suspension and the time and place for a hearing on the matter of whether the license or permit shall be revoked or suspended.

(b) The license authority shall consider all evidence submitted at the hearing. The hearing may be continued, for good cause, by the license authority from time to time. The license authority shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the license or permit shall be revoked or suspended. Written notice of the license authority's decision shall be given to the licensee or permittee within thirty (30) days of the conclusion of the hearing.

(c) Any person aggrieved by the action of the license authority may appeal such decision to the city council pursuant to section 14-129.

(Ord. No. 1632, § 2, 4-23-84)

(a) All appeals to the city council shall be in writing and shall state the reasons therefor. The appeal shall be filed with the city clerk within ten (10) days after the date of personal service or deposit in the United States postal service of the written decision of the license authority. Within thirty (30) days thereafter, the appeal shall be heard by the city council.

(b) The person filing the appeal shall be given at least ten-days prior written notice of the time and place for the hearing. The hearing shall be conducted by the city council in accordance with the provisions of section 14-128(b), provided that nothing herein shall be construed to entitle the appellant to a hearing de novo. The decision of the city council shall be final.

(Ord. No. 1632, § 2, 4-23-84)