Chapter 5.72 — MASSAGE ESTABLISHMENTS AND TECHNICIANS

For purposes of this chapter, the following terms shall have the following meanings:

"California Massage Therapy Council" or "CAMTC" shall mean the organization created pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code.

"Certificate of completion" shall mean a certificate, issued by a CAMTC-approved school, certifying completion of the required curriculum in massage training.

"Certified massage practitioner" shall mean a person who is certified by the California Massage Therapy Council under subdivision (b) of Business and Professions Code Section 4601 and who administers massage for compensation.

"Certified massage therapist" shall mean a person who is certified by the California Massage Therapy Council under subdivision (c) of Business and Professions Code Section 4601 and who administers massage for compensation.

"Director" shall mean the Director of Public Works or designee.

"Employee" means any individual who:

• A. In a particular week performs at least two hours of work within the City of West Hollywood for an employer; and

• B. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission.

"Employer" means any person, as defined in Section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of any employee.

"Independent contractor" means any person who renders services for pay at a business but is not an employee of that business.

"Massage" shall mean and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. "Massage" shall include, but is not limited to, any bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rubs, and Russian, Swedish, or Turkish baths.

"Massage establishment" shall mean any establishment having a fixed place of business which provides or attempts to provide massages, or health treatments involving massage, including any school of massage which performs any such activity to any member of the public for any form of consideration or gratuity.

"Massage technician" shall mean any person who administers to any other person, for any form of consideration or gratuity, a massage as herein defined, including a student at a school of

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

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§ 5.72.030

massage who administers a massage to any person for payment whether the payment is given to the student or to the school. This includes, but is not limited to, "massage practitioner" and "massage therapist", as those terms are defined in Section 4601 of the California Business and Professions Code. A "massage technician" does not include any person who is engaged in any healing art, other than massage therapy, that is required to be licensed pursuant to Division 2 of the Business and Professions Code of the State of California.

"Off-premises massage business" shall mean a business which provides massage services at a location other than the massage establishment itself.

"Sole provider" means a massage establishment where the owner owns one hundred percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active certificate issued by the CAMTC or a valid massage technician license and has no other employees or independent contractors. (Prior code § 6356(a); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 09-824 § 1, 2009; Ord. 21-1166 § 2, 2021)

• a. No person shall operate a massage establishment or off-premises massage business without first obtaining the requisite business license.

  1. Exception. A massage establishment license is not required for businesses that only engage in the massage of the neck, face, or scalp, or the lower arm and hand, or the lower leg and foot that is conducted in open space not within a private room with any doors, curtains, or other devices capable of being closed. Examples of such businesses include barbers, beauticians, estheticians, and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses.

• b. No person shall perform massage activities without first obtaining a massage technician business license or CAMTC certification. Any license or certification shall remain valid and in full force during all massage activities.

• (Ord. 21-1166 § 2, 2021)

In addition to the information prescribed by the Director, all applications for a license to conduct a massage establishment or off-premises massage business must contain the following information:

• a. The complete address and all telephone numbers of the massage establishment or offpremises massage business;

• b. A complete list of the names and residence addresses of all proposed massage technicians and employees employed by the massage establishment, together with copies of all certificates issued by the California Massage Therapy Council to such persons, if any, and the name and residence address of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment;

• c. The two previous addresses of the applicant immediately prior to the present address of the

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applicant;

• d. Written proof of the applicant's age, height, weight, color of hair and eyes and sex;

• e. The applicant shall undergo a fingerprinting criminal background investigation using a form provided by the city;

• f. Two passport photographs of the applicant;

• g. The massage or similar business history and experience of the applicant, including but not limited to, whether or not such person, in previously operating a massage establishment or similar business in this or any other city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons thereof;

• h. All criminal convictions excluding traffic or infraction violations;

• i. Such other information and identification deemed necessary by the Los Angeles County Sheriff's Department; and

j. Government issued identification showing the applicant is eighteen years of age or older. (Prior code § 6356(b); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 08-800 § 2, 2008; Ord. 09-824 § 2, 2009; Ord. 21-1166 § 2, 2021)

In addition to the information prescribed by the Director, an application for a massage technician license shall include the following information:

• a. The last two previous addresses, if any, immediately prior to the present address of the applicant;

• b. The applicant's height, weight, sex, color of eyes and hair;

• c. The applicant shall undergo a fingerprinting criminal background investigation using a form provided by the city;

• d. Two passport photographs of the applicant;

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

• f. The license history of the applicant and whether the applicant has had a license for working as a massage technician revoked or suspended, and the reason therefor. That history shall include the business activity or occupation engaged in subsequent to such suspension or revocation;

• g. All convictions except for traffic violations and infractions;

• h. The location where the applicant intends to operate. If the applicant will not operate from a specific location, the applicant will provide the general area where it intends to operate;

• i. Documentation of the applicant's experience as a practicing massage technician; and

j. Government issued identification showing the applicant is eighteen years of age or older. (Prior code § 6356(c); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 08-800 § 2,

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BUSINESS LICENSES, REGULATIONS AND PERMITS

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§ 5.72.060

2008; Ord. 21-1166 § 2, 2021)

• a. Certificate or Diploma from State-Accredited Institution. The applicant must have been issued a certificate of completion or diploma from a state-accredited institution or an institution deemed by the CAMTC to be of equivalent standing.

  1. The curriculum shall meet the education requirements established by Section 4604 of the California Business and Professions Code.

• b. The applicant shall provide evidence that the applicant had successfully passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the CAMTC.

• c. Background Investigation. Before a license is granted or renewed and at such times as the West Hollywood Code Compliance Division deems appropriate, the massage technician shall be subject to a background investigation to verify that he or she has not been convicted of any crime related to the provision of massage services or as outlined in this chapter.

  1. In the event that such an investigation by the West Hollywood Code Compliance Division reveals the massage technician has been convicted of a crime related to the provision of massage services or as outlined in this chapter, the massage technician's license shall be deemed revoked and of no further force or effect on the date of the conviction.

  2. An applicant whose license has been revoked as described in the preceding paragraph shall have the right to appeal the decision of the West Hollywood Code Compliance Division under this chapter in the time and manner set forth in Section 5.08.070.

• d. Certified massage practitioners and certified massage therapists shall not be subject to the requirements of this section provided that the certified individual is practicing consistent with the qualifications established by their certification.

• e. Existing massage technician licensees shall submit proof that they have met the education and testing requirements established in subsections (a) and (b) above within one year of December 15, 2021.

(Prior code § 6356(d); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 08-800 § 2, 2008; Ord. 09-824 § 3, 2009; Ord. 21-1166 § 2, 2021)

In addition to the licensing application requirements described in this chapter, the following shall apply:

• a. The city's Code Compliance Division in conjunction with the Los Angeles County Sheriff's Department shall conduct a criminal background check of the applicant and based on the background check results a license may be denied, suspended, or revoked if the applicant:

  1. Has within five years prior to the application date:

     • A. Been required to register under the provisions of California Penal Code Section 290 or register as a sex offender in any state of the United States;

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  - B. Had a business permit or license denied, suspended, restricted or revoked by any agency, board, city, county, territory, or state; 

  - C. Owns or owned any massage establishment, or any other businesses that are or were subject to an injunction for nuisance pursuant to Penal Code Sections 11225-11235 (red light abatement); 

  - D. Been convicted for a felony offense involving the sale of a controlled substance; or 

  - E. Been convicted in any other state for an offense which, if committed in this state, is punishable as one or more referenced offenses in this subdivision. 

2. Has within three years prior to the application date:

   • A. Been convicted for any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or

• B. Been convicted in any other state for an offense which, if committed in this state, is punishable as one or more referenced offenses in this subdivision.

• (Ord. 21-1166 § 2, 2021)

• a. Employee/Independent Contractor. No person shall render any service or perform any massage unless that person is an employee or independent contractor. For purposes of this subsection, "service" includes all services tending toward the preservation, maintenance, or operation of the business, business premises, or business property of the employer. Any person rendering service for another, other than as an independent contractor, or as a sole proprietor, is presumed to be an employee.

  1. A person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless a massage establishment licensee demonstrates that all of the following conditions are satisfied:

     • A. The person is free from the control and direction of the massage establishment licensee in connection with the performance of the work, both under the contract for the performance of the work and in fact.

     • B. The person performs work that is outside the usual course of a massage establishment licensee's business.

     • C. The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

• b. Employment of Unlicensed Massage Technician Prohibited. A licensee operator shall not hire or employ a massage technician unless such massage technician possesses a valid license pursuant to this chapter or unless such massage technician is a certified massage practitioner or a certified massage therapist.

• c. Doors to Remain Unlocked. The front door of any massage establishment and the doors of

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the cubicles in which massages are being performed must remain unlocked during all hours of operation. No electronic locking devices may be utilized on any entrance door. This section shall not apply to sole providers.

• d.

Cleanliness Requirements.

1. Adequate equipment for disinfection and sterilization of instruments used in performing the massages shall be provided;

2. Hot and cold running water shall be provided at all times; and

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

• e.

Hygiene Facilities.

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

h locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided in every massage establishment; however, if male and female patrons are to be served simultaneously at the establishment, separate bathing facilities, a separate massage room or rooms, and separate dressing and separate toilet facilities shall be provided for male and female patrons.

2. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

• f. Hours of Operation. The licensee operator shall not conduct or operate a massage establishment between the hours of 10:00 p.m. and 7:00 a.m. of any day, and shall exclude all customers, patrons, and visitors therefrom between those hours. An off-premises massage business shall not operate between the hours of 2:00 a.m. and 7:00 a.m. of any day.

• g.

• Maintenance of Premises and Equipment.

1. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and all other physical facilities of the establishment shall be in good repair and maintained in a clean and sanitary condition;

2. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, and or shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use;

3. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted; and

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4. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. Foam pads more than four inches thick or with a width of more than four feet may not be used. Beds, mattresses, and water beds may not be used in the administration of a massage.

• h. Sign Requirement. Every person licensed to operate a massage establishment under this chapter shall post a readable and recognizable sign adjacent to the main entrance of the premises identifying it as a massage establishment. Such sign shall conform to the provisions of Chapter 19.76 of this code.

• i. Recording of Activities Prohibited. No building or part thereof where a massage establishment, or an off-premises massage, is being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers.

• j. Off-Premises Massage Prohibited. No massage establishment issued a license under this chapter shall send massage technicians off the premises for the purposes of administering a massage, nor shall the massage establishment or any part thereof be used by any employee, operator, manager, or owner to receive or accept such requests for off-premises massages, except when such off-premises massage is permitted under this chapter.

• k.

  • Dress Requirements.

  1. All massage technicians, attendants, and employees of massage establishments or offpremises massage businesses shall wear clean garments. These garments must be of a fully opaque material and provide complete covering of the genitals, genital area, buttocks, and breasts.

  2. No massage technician or other person employed by or working in or on behalf of a massage establishment licensed under this chapter, may expose their genitals, buttocks, or breast(s), or make intentional, occasional or repetitive contact with the genitals or anus of another person.

  3. Each establishment shall provide to all patrons, clean, sanitary, and opaque coverings capable of covering the patrons' specified anatomical areas, including the genital area, buttocks, and breasts. No common use of such coverings shall be permitted and re-use of such covering is prohibited until it is washed and cleaned.

  4. No massage technician, while performing any task or service associated with the massage establishment, shall be present in any room with another person unless the person's specified anatomical areas (genitals, buttock, and breasts) are fully covered.

• l. Manager Required. All establishments licensed under this chapter shall have a responsible person on the premises to act as a manager during all times which the establishment is open. This responsible person must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and patrons of the business or establishment.

• m. Employee Records. A complete list of all massage technicians, and employees employed by the massage establishment shall be kept on-site and shall be furnished to West Hollywood Code Compliance and Los Angeles County Sheriff's Department personnel or

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

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other county and state officials responsible for the health, safety, and welfare of the public upon request. Such list shall contain the names of all employees, copy of their government issued identification, date of employment, and termination, if any, and the duties of each employee. A complete set of all such information must be maintained in English and such information must be retained in the register for a period of at least two years following an employee's termination. Such employee register must be available for inspection at the massage establishment to representatives of the city during regular business hours.

and termination, if any, and the duties of each employee. A complete set of all such information must be maintained in English and such information must be retained in the register for a period of at least two years following an employee's termination. Such employee register must be available for inspection at the massage establishment to representatives of the city during regular business hours.

• n. Posting of Certification/License. Copies of all CAMTC or massage technician business licenses issued to any massage technician employed by the massage establishment shall be posted in a conspicuous location in clear view of the public.

• o. Human Trafficking Notice. All businesses engaging in massage shall post human trafficking notices in accordance with Chapter 9.14 of this code.

• p. Menu of Services. A menu of services shall be readily available at all times to any person entering a massage establishment. Such menu shall list each service offered, the price of the service and the minimum length of time such service will be performed. The services must be described in readily understandable terms and must be in English and such other languages as may be convenient to communicate such services. No services may be performed, and no sums may be charged for such services other than those listed on the menu. All arrangements for services to be performed must be made in a room in the massage establishment that is not used for massage therapy unless no other room exists in the massage establishment.

• q. Records of Treatments. Each massage establishment must keep a record of the date and hour of each treatment, the name of the patron, and the name of the massage practitioner, technician, or therapist administering such treatment. A complete set of such information must be maintained in English and the records available for inspection by city representatives for the purposes of law enforcement and for no other purpose. Identical records must be kept for outcall massage therapy services and, in addition, must describe the address where such services were rendered. All such records must be maintained for a period of at least two years.

• r.

  • Improper Solicitation or Performance of Services.

  1. No massage may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron.

  2. No massage technician or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are listed in the menu of services.

  3. No massage technician may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested.

  4. No massage technician or other person may offer to or perform any act of prostitution as such term is defined in the California Penal Code.

• s. Prohibited Advertising. No massage establishment shall cause to be placed, published, or

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distributed, including on the internet, any advertising that would reasonably suggest to prospective clients that any service is available other than those services listed as described in compliance with the provisions of this chapter. No person providing massage services shall advertise in any manner or form that massage is provided for compensation unless a valid business license has been issued by the city.

• t.

  • Access.

  1. Massage establishment clients shall enter and exit exclusively through the main entrance of the massage establishment. The main entrance shall be the door facing the street or, if no such door exists, the door that is most visible to members of the public passing by the establishment.

  2. The following persons may be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation: (A) massage technicians or documented employees of the business; and (B) patrons, who may be accompanied by no more than one family member or caregiver. Any other persons found beyond the first interior door leading to the inside of the premises, including, but not limited to, hallways, massage rooms, or employee lounge areas will be in violation of this chapter. Nothing contained in this section prohibits any employee from being present in hallways or other areas necessary or relating to such person's employment duties, nor prohibits any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person's services, except that no such employee or service personnel may be permitted in any massage room or private cubicle while a patron is present in such room or space.

• u. Residential Use. No portion of any massage establishment shall be used as a sleeping room or for any other residential purpose. A massage establishment shall be presumed to be used for residential purposes if any of the following items are maintained on the premises:

  1. Beds or mattresses, other than professional massage tables;

  2. Bedding, such as pillows, blankets, and sheets, other than those used for professional massage tables;

  3. Sleepwear, including, but not limited to, pajamas, nightgowns, and lingerie;

  4. Groceries that require cooking, such as raw meats, poultry, fish; and grains; or

  5. Clothing that exceeds one change of clothing for each employee or independent contractor who is present on the premises.

• v. Licensee Responsibility. The massage establishment licensee shall be responsible for the conduct of all employees, agents, independent contractors or other representatives, while on the premises of the massage establishment and while providing any massage in or on behalf of such establishment.

• w. Inspections. Representatives and officers of the city, including, but not limited to, the West Hollywood Code Compliance Division, Building and Safety Division, Los Angeles County Fire Department, Los Angeles County Sheriff's Department, or other county and state officials responsible for the health, safety, and welfare of the public, may inspect each fixed-location massage establishment in the city during regular business hours for the purpose of determining that all applicable laws are met. Upon presentation of proper

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• credentials by any such personnel or employee, the applicant or licensee shall not interfere, prevent, or unnecessarily delay such inspection.

• x. Identification Required. All persons working in or on behalf of the massage establishment, including, but not limited to, massage technicians shall have on their person or maintain on the premises their government-issued identification and CAMTC identification card. Such identification card must be provided to West Hollywood Code Compliance and Los Angeles County Sheriff's Department personnel or other County and State Officials responsible for the health, safety, and welfare of the public upon demand.

(Prior code § 6356(e); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 09-824 § 4, 2009; Ord. 17-1019 § 12, 2018; Ord. 21-1166 § 2, 2021)

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City of West Hollywood, CA § 5.76.010

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CHAPTER 5.76 MODEL STUDIOS