Yorba Linda Municipal Code Ch. 5.20 Massage Businesses

Note: Editor's Note—Ord. 2014-1009 § 1(Exh. A), repealed former Ch. 5.20 in its entirety and enacted a new chapter as herein set out. Former Ch. 50.20 pertained to similar subject matter and derived from Ord. 2003-862, § 1, 2003; Ord. 2003-869, § 1, 2003; Ord. 2014-1000, §§ 3, 4, 5-6-2014.

It is the purpose and intent of the City Council that this chapter rely upon California Business and Professions Code Division 2, Chapter 10.5, starting at Section 4600 (the "Massage Therapy Act"), as it may be amended from time to time or replaced by a successor statute, to provide for the orderly and consistent regulation of the business of massage, to enable consumers to identify legitimate massage workers and establishments, and additionally to establish minimum health and safety standards, thus protecting the public interest, health, safety and welfare of the City.

(Ord. 2014-1009, 2014)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Applicant"

means an individual or business entity that has applied for an Operator's Permit from the City pursuant to this chapter.

"California Massage Therapy Council" or "CAMTC"

means the State nonprofit organization created to regulate and issue massage practitioner and therapist certificates pursuant to the Massage Therapy Act.

"City"

means the City of Yorba Linda.

"Employee"

means any person, other than an operator, who renders any service(s), with or without compensation, relating to the day-to-day operation of the massage business whether as an employee or independent contractor.

"Hearing Officer"

means the City Manager or his or her designee.

"Manager"

means any individual who is responsible for overseeing the operation of a massage business and its employees. A manager is also an "operator," as that term is defined herein.

"Massage"

shall have the same meaning as the term is defined in the Massage Therapy Act, specifically, Business and Professions Code Section 4601(e), as amended from time to time or replaced by a successor statute.

"Massage business"

means any business that provides massage services for compensation. The term "massage business" includes any business that provides massage at a fixed location, whether as a primary or accessory use (as that term is defined in the Yorba Linda Zoning Code, Title 18 to the Yorba Linda Municipal Code), and any business that provides massage on an out-call basis.

"Massage establishment"

means a fixed location where massage is performed for compensation, excluding those locations where massage is only performed on an out-call basis or as an accessory use (as that term is defined in the Yorba Linda Zoning Code, Title 18 to the Yorba Linda Municipal Code).

"Massage Therapy Act"

means California Business Code Section 4600, et seq., as it may be amended from time to time or replaced by a successor statute.

"Operator"

means any individual who is an owner or manager of a massage business.

"Operator's permit"

means a permit issued by the City pursuant to this chapter that authorizes an individual or business entity to operate a massage business in the City's jurisdiction.

"Outcall massage"

means massage in a private residence or at a location that does not regularly provide or permit massage.

"Owner"

means and includes any individual who owns 5% or more of a massage business and any individual whose name appears on the City business license for a massage business. An owner is also an "operator," as that term is defined herein.

"Permit Administrator"

means the Finance Director or his or her designee.

"Permittee"

means an individual or business entity that has been issued an Operator's Permit by the City.

"Sole provider"

means any massage business where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business, and has no other employees or independent contractors.

"State Certification" or "State Certificate"

means a valid and current certification properly issued by the CAMTC pursuant to the Massage Therapy Act.

(Ord. 2014-1009, 2014)

The Permit Administrator shall have the power and authority to promulgate rules, regulations, and requirements consistent with the provisions of this chapter and other law in connection with the issuance, transfer, suspension or revocation of an Operator's Permit. The Permit Administrator may designate an employee of the City including, without limitation, an employee of the Orange County Sheriff's Department, to make decisions and investigations and take actions under this chapter.

(Ord. 2014-1009, 2014)

A. State Certification. It shall be unlawful for any individual to provide massage services for compensation in the City unless that individual has a current and valid State Certificate and further, it shall be unlawful for any massage business to offer massage services within the City unless each individual who provides massage services for the massage business, whether as an employee or an independent contractor, has a current and valid State Certificate.

B. City Operator's Permit. It shall be unlawful for any massage business (including, without limitation, a sole provider) to provide massage service within the City unless the operator(s) of the business have a current and valid Operator's Permit from the City.

C. City Business License. Nothing herein relieves an individual or business entity (including, without limitation, a sole provider) from the requirement to obtain a business license from the City or any other permit required by law.

(Ord. 2014-1009, 2014)

The requirements of this chapter do not apply to:

A. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, nurses or physical therapists duly licensed to practice such profession in the State of California and working within the scope of such licenses. This exemption applies to massage practitioners, massage therapists or other persons working as employees under the direction of said professional in conformance with state law.

B. Barbers, cosmetologists, estheticians, beauticians, or manicurists who are duly licensed to practice their respective profession by the State of California, while performing activities within the scope of their license, provided that any massage services provided are limited solely to the neck, face, scalp, feet, hands, and lower limbs up to the knees, of their patrons.

C. Massage schools approved by the CAMTC pursuant to the Massage Therapy Act and schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section 7362, et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Codes Section 7395.1.

D. Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California.

E. Health clubs, health spas, gymnasiums, or other similar facilities designed or intended for general physical exercise or conditioning in which the furnishing of massage or bathing services or facilities is subordinate and incidental, except that the person performing massage services shall obtain State Certification in conformance with the Massage Therapy Act.

F. Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a special athletic event (such as an outdoor road or bike race) so long as such persons do not provide massage services for compensation as their primary occupation within the City.

G. Accredited junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment.

H. Any treatment administered in good faith in the course of the practice of any healing art by any person licensed to practice under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of such license.

(Ord. 2014-1009, 2014)

A. Any person or business entity desiring to obtain an Operator's Permit shall submit a written application under penalty of perjury on the required form to the Permit Administrator, who shall conduct an investigation. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter. The resolution establishing the filing fee may also provide for an annual renewal fee.

B. The application shall be completed and signed by the operator of the proposed massage business. If the applicant has more than one operator, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an Operator's Permit under this chapter.

C. The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of operators designated in the application.

D. The application for an Operator's Permit does not authorize the operation of a massage establishment unless and until such Permit has been properly granted.

E. Any applicant who obtains an Operator's Permit required by this chapter shall renew that Permit on an annual basis in order to continue to operate a massage business in the City's jurisdiction.

F. The application for an Operator's Permit shall contain or be accompanied by the following information:

1. The type of ownership of the business, i.e., whether by sole provider, partnership, corporation or otherwise.

a. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the State and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock of that corporation.

b. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners.

c. If the applicant is a limited partnership, the application shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.

2. The true full and precise name under which the massage business is to be conducted.

3. The present or proposed address where the massage business is to be operated, if any, and all telephone numbers for the massage business.

4. An address where notices can be sent pursuant to this chapter.

5. The name of the operator who will be principally in charge of the operation of the massage business.

6. The name and residence addresses of the all operator(s) of the massage business. If the names of any operators are not known at the time of submission of the application, the applicant shall provide the required information at least 10 calendar days before the new operator begins operating or working for the massage business.

7. A complete current list of the names of all employees and independent contractors for the massage business. If the names of any of these individuals are not known at the time of submission of the application, the applicant shall provide the required information at least 10 calendar days before the new operator begins operating or working for the massage business.

8. Proof that all individuals who will provide massage services for compensation for the proposed massage business, whether as employees or independent contractors, hold current and valid State Certificates. If the names of any of these individuals are not known at the time of submission of the application, the applicant shall provide the required information at least 10 calendar days before any new individual begins working for the massage business.

9. If the proposed massage business is to be operated at a fixed location, a description of any other business operated on the same premises as the proposed massage business.

10. The name of any other business which is owned or operated by the operator(s) of the proposed massage business.

11. If the proposed massage business is to be operated at a fixed location, the name and address of the owner of the real property upon or in which the proposed massage business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his/her property.

12. Each operator's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, his or her history and experience with massage businesses or similar types of business.

13. The complete permit or licensing history for the massage business; whether any operator has ever had any similar type of permit or license issued by any agency, board, City, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the operator has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefor.

14. A complete list of each operator's convictions for felonies, misdemeanors, infractions, or municipal code violations, within the last eight years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor. If the names of any operators are not known at the time of submission of the application, the applicant shall provide the required information at least 10 calendar days before the new operator begins operating or working for the massage business.

15. Two portrait photographs at least two inches by two inches in size taken within the last six months of each operator of the massage business. If the identity of any operators are not known at the time of submission of the application, the applicant shall provide the required photographs at least 10 calendar days before the new operator begins operating or working for the massage business.

16. Authorization for the City, its agents and employees to seek verification of the information contained in the application.

17. Such other identification and information as the Permit Administrator may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

18. A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

19. If the proposed massage business is to be operated at a fixed location, a certificate of compliance from any affected department or agency, including but not limited to, the City's Community Development Department and the Orange County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the Permit Administrator within 90 calendar days of the date of filing of the application, said application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the Operator's Permit becoming effective.

G. Each operator shall also provide the following personal information:

1. The full, true name and all aliases used;

2. Date and place of birth, valid picture identification, such as a California or other state driver's license, California or other state identification card, resident alien card, if applicable; and Social Security card or proof of authority to work in the United States.

3. The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;

4. Acceptable written proof that the operator is at least 18 years of age;

5. Height, weight, gender and color of natural hair and natural eyes.

H. Each operator shall produce a signed statement that the operator shall be responsible for the conduct of him or herself and any and all individuals who provide massage services for the massage business, whether as employees or independent contractors, and acknowledging that failure to comply with the Massage Therapy Act, with any local, state or Federal law, or with the provisions of this chapter may result in the revocation of the Operator's Permit.

I. If, during the term of an Operator's Permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the Licensing Administrator in writing of any such change within 10 business days thereafter.

(Ord. 2014-1009, 2014)

A. Upon receipt of the application, the Permit Administrator shall refer the application to other City departments that shall inspect the premises, if any, proposed to be used as a massage business and shall make a written recommendation to the Permit Administrator concerning compliance with the respective requirements. The Permit Administrator or his or her authorized representative shall have up to 60 days after the submission of all required information to complete an investigation. Based on the criteria set forth in subsection B of this section, the Permit Administrator shall either approve, conditionally approve or deny the application as soon as practicable after the investigation is complete. If the application is denied, the applicant shall have the right of appeal as set forth in Section 5.20.170.

B. The Permit Administrator shall issue an Operator's Permit to any person or business entity that demonstrates all of the following:

1. The applicant has provided the information, assurances, and documentation required for the application.

2. The operation of the proposed massage business complies with all applicable laws, including, but not limited to, the City's building, zoning, business license, and health regulations.

3. All operators are at least eighteen years of age.

4. Any and all individuals who will provide massage services for the proposed massage business hold valid and current State Certifications.

5. None of the operators have been convicted of a violation that requires him or her to register pursuant to the Sex Offender Registration Act (Chapter 5.5, commencing with Section 290, of Title 9 of Part 1 of the Penal Code).

6. None of the operators have, within eight years preceding the date of the application, been convicted of a felony, misdemeanor, infraction, or municipal code violation that is substantially related to the qualifications, functions, or duties of a person who provides massage services for compensation or oversees a business that provides massage services for compensation, including without limitation:

a. Conviction for an act punishable as a sexually related crime, such as Penal Code Sections 266h, 266i, 314, 315, 316, 318, and subsections (a), (b) or (d) of Penal Code Section 647, as amended from time to time or replaced by a successor statute;

b. Conviction of a crime involving dishonesty, fraud, deceit, or moral turpitude;

c. Conviction of a violation of any offense involving the illegal sale, distribution or possession of a controlled substance, such as a violation of Health and Safety Code Section 11050 for the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as amended from time to time or replaced by a successor statute;

d. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Section 11225 through 11235, or any similar provision of law both inside and outside the State of California;

e. Committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit;

f. Had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by the City, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

g. Has engaged in conduct which would constitute grounds for suspension or revocation under Section 5.20.160 of this chapter.

7. None of the operators have been found, after full hearing by administrative proceeding or by a State Court to have violated any of the offenses that would be grounds for denial under this section or constitute grounds for suspension or revocation under Section 5.20.160 of this chapter.

8. The applicant has not made a material misrepresentation in that application or with respect to any other document or information required by the City with respect to that application or for any other application for any other City license or permit within the last five years.

9. Any and all filing fees required by this chapter have been paid.

(Ord. 2014-1009, 2014)

A. Before operating or working for a massage business, each operator shall submit a complete set of fingerprints (live scan) taken at a location authorized by the Permit Administrator. The operator shall be responsible for payment of any fingerprinting or live scan fee.

B. Before operating or working for a massage business, each operator shall be required to pass a written examination relating to the requirements of this chapter to ensure a complete understanding of his or her duties. If an operator fails any section of that examination, he or she will have one additional opportunity to retake the examination within the next thirty days. If the operator does not pass the examination within those thirty days, he or she cannot retake the examination for one calendar year.

C. An operator shall not operate or work for any massage business in the City unless and until he or she has received a passing score on the written examination required by this section. To receive a passing score, a score of seventy percent or better is required on each section of the written examination.

D. The Permit Administrator shall establish standards and procedures governing the administration, grading and noticing of the examination required by this section. The examination shall consist solely of a written test regarding the rules and regulations for massage businesses as set forth in this chapter. The examination shall be prepared, conducted and graded by the City, or in its sole discretion, the Orange County Sheriff's Department.

E. The written test will be in the English language. In the event an operator requires that any section of the examination be given in another language, the operator shall pay any additional fees or costs for a Court certified and Permit Administrator approved interpreter who also is approved by the Sheriff's Department to interpret the examination. Proof of valid Court certification must be provided to the Permit Administrator prior to the administration of any such non-English language examination.

F. If a massage business has three or more sustained municipal code violations in one calendar year, each of its operators shall be required to retake and pass the written examination required by this section. Each of these operators shall be prohibited from operating or working for any massage business in the City until he or she has received a passing score on the written examination.

G. Operators who hold a current and valid State Certificate are exempt from the requirements of this section.

(Ord. 2014-1009, 2014)

All permittees shall comply with the following general conditions and any other conditions specified by the Permit Administrator:

A. Operators, employees and independent contractors of the massage business shall not commit any act that would constitute grounds for the CAMTC to deny an application for a State Certificate or impose discipline on the holder of a State Certificate under the Massage Therapy Act, specifically, Business and Professions Code Section 4609, as amended from time to time or replaced by a successor statute.

B. Upon request, each individual who performs massage for a massage business shall provide his or her full name, State Certificate number and produce his or her State Certificate.

C. Operators of massage businesses shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this chapter or the Massage Therapy Act shall be deemed the act or omission of the operator for purposes of determining whether the Operator's Permit shall be revoked, suspended, denied or renewed.

D. The permittee shall not allow any individual to provide massage services for compensation, whether as an employee or independent contractor, unless that individual has a current and valid State Certificate.

E. The permittee shall provide the Permit Administrator with a complete current list of the names and job titles of all employees and independent contractors for the massage business and the date the employee or independent contractor was hired or terminated. Permittees shall also provide the Permit Administrator with proof that any individual providing massage services for the massage business holds a valid and current State Certificate. Permittees shall report to the Permit Administrator any change of employees or independent contractors, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Permit Administrator. The report shall be made within five calendar days of the date of hire or termination.

F. The permittee shall maintain a register of all employees and independent contractors. The register shall be maintained on the premises for a minimum period of two years following an employee's or independent contractor's termination or resignation. The permittee shall make the register immediately available for inspection upon demand of a representative of the City at all reasonable times. The register shall include, but not be limited to the following information:

1. The name, nicknames and/or aliases used by the employee or independent contractor.

2. The employee's or independent contractor's home address and relevant phone numbers (including but not limited to home, cellular and pager numbers).

3. The employee's or independent contractor's age, date of birth, gender, height, weight, color of hair and eyes.

4. The employee's or independent contractor's Social Security number.

5. The date of employment and termination or resignation, if any.

6. The duties of the employee or independent contractor.

7. If the employee or independent contractor provide massage services for compensation, proof that the employee or independent holds a valid and current State Certificate.

G. No permittee shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that constitutes "unprofessional conduct" under the Massage Therapy Act, specifically, Business and Professions Code Section 4609(a)(1)(A), as amended from time to time or replaced by a successor statute.

H. Permittees shall provide and maintain adequate equipment for disinfecting and sterilizing instruments used in massage.

I. Massages shall be administered only on standard or portable massage tables or chairs which are covered with a durable, washable plastic or other acceptable waterproof material. Massages shall not be administered on beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds.

J. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. If a massage businesses is operating out of a fixed location, separate enclosed cabinets (or other enclosed storage devices) shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen."

K. All patrons shall be provided with clean, sanitary and opaque coverings of a minimum size of thirty inches by sixty inches, capable of covering the patrons' genital areas and female breasts. No common use of such coverings shall be permitted and re-use is specifically prohibited unless adequately cleaned prior to its re-use.

L. At all times, the permittee's operators, employees and independent contractors shall comply with all provisions of the Massage Therapy Act, this chapter and any applicable provisions of this code. Upon request, proof of compliance with all applicable provisions of this code shall be provided.

(Ord. 2014-1009, 2014)

All permittees operating massage establishments shall comply with the following general conditions and any other conditions specified by the Permit Administrator:

A. Operational Requirements.

1. A massage establishment shall not operate between the hours of 10:00 p.m. and 7:00 a.m. All patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The permittee shall notify the City, in writing, at least thirty calendar days prior to the date of the effective change, of any changes in the hours of operation.

2. Services List. Permittees shall maintain and, upon request, provide a list of services available and the cost of such services. The services shall be described in English and such other languages as may be convenient to communicate such service. Permittees shall not permit their employees or independent contractors to perform any service other than those listed.

3. Storage of Valuables. Lockable lockers, safes or otherwise secure storage areas shall be provided to patrons to protect their valuables.

4. Insurance. A massage establishment shall not commence business operations until there is on file with the City Clerk, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the State of California evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of one million dollars for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.

B. Zoning and Building Requirements.

1. Structure. Massage establishments shall be carried on in a structure which is located in a zoning district which permits such use. When a massage establishment is newly constructed, three sets of plans shall be submitted to the City and the County Health Care Agency for approval and shall be accompanied by the appropriate plan check fee. Massage establishments that were operating lawfully before the enactment of the ordinance codified in this chapter shall be required to comply with the zoning requirements for legal nonconforming uses set forth in the Yorba Linda Zoning Code (Title 18 of this code).

2. Front Door. One front door that enters into a reception area shall be provided for customer use. Except in an emergency, all patrons and visitors shall be required to enter and exit through the front door of the establishment.

3. Reception Area and Customer Lobby. Massage establishments shall provide a designated reception area for greeting customers and a designated customer lobby for patrons to wait for massage services. The reception area shall be contiguous to a customer lobby. If partitioned from the customer lobby, the reception area shall have a clear, unobstructed opening, or an opening of clear unobstructed glass, at least thirty inches by thirty inches which allows unobstructed visibility between the customer lobby and the receptionist area.

4. During business hours, a massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall not block visibility into the interior reception area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs or darkens the view into the reception area.

5. Doors.

a. Unless a massage establishment is operated by a sole provider or staffed by a single employee or independent contractor, all exterior doors (except back or rear exterior doors used only by employees) shall remain unlocked during business hours.

b. All interior doors, including, but not limited to, all doors leading to customer areas, the front reception area, and hallways shall not have any locking mechanisms. A door leading from the receptionist area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry, in any manner.

6. Signaling Devices. No massage establishment shall have installed or utilize any signaling devices of any type to alert employees, independent contractors and/or patrons to the presence of law enforcement personnel.

7. Lighting. Minimum lighting for a massage establishment shall be provided in accordance with Article 220 of the California Electric Code, as amended from time to time or replaced by a successor statute. The lighting in each massage room shall be at least one forty watt white light bulb and shall be activated at all times while the patron is in a massage room. No strobe, flashing lights or dimmer switches shall be used.

8. Ventilation. Permittees shall provide in each massage room, minimum ventilation in accordance with the Section 304.5 California Building Code, as amended from time to time or replaced by a successor statute.

9. Toilet Facilities. A minimum of one toilet and one sink shall be provided for patrons in each massage establishment, which sink shall provide soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom wash basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.

10. Showers and Dressing Rooms. If a massage establishment provides showers and/or dressing rooms for its patrons, it shall provide separate facilities and rooms for male and female patrons. Each separate facility or room shall be clearly marked as such. Male and female patrons shall not be permitted to dress or shower in the same room. A shower facility, if any, shall be equipped with soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. Bar soaps shall not be used.

11. Nonconforming Toilet, Shower and Dressing Room Facilities. Massage establishments that were operating lawfully before the enactment of the ordinance codified in this chapter shall be required to maintain existing toilet, shower and dressing facilities in a state of cleanliness and provide sanitary towels, soap and running hot water for their patrons; however, those businesses will not be required to install new facilities unless and until there is a structural expansion of the premises or the business is sold.

12. Maintenance. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected with a disinfectant approved by the County Health Department, as needed, but at least once each day the premises are open. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in any of these specified areas.

13. Living Quarters Prohibited. No person shall be allowed to reside, dwell, occupy or live inside a massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the City and the County of Orange and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils.

14. Handicapped Areas. All massage establishments must comply with all State and Federal laws and regulations for handicapped customers.

C. Posting and Signage Requirements.

1. Signs. Any signs shall be in conformance with the current provisions of this Code and all applicable ordinances of the City.

2. Business Identification Sign. A recognizable and legible sign complying with the requirements of this code shall be posted at the main entrance identifying the establishment as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights.

3. Operator's Permit. A massage establishment's Operator's Permit shall be displayed in a conspicuous public place in the reception area of the massage establishment.

4. Hours of Operation. The hours of operation for a massage establishment shall be posted in a front window or on the front door so that they are clearly visible from the outside of the establishment and in a conspicuous place in the reception area of the massage establishment.

5. Notices. The following notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the establishment and in each massage room:

Every permittee required to post such notice shall be required to pay for the cost of any and all notices required by this section.

6. Language. Any posted signs or notices which are in a language other than English shall also be posted in English.

D. Prohibited Conduct.

1. Alcoholic Beverages. No alcoholic beverages shall be sold, served, or furnished on the premises of any massage establishment without a valid alcoholic beverage license from the State and conditional use permit from the City.

2. Adult Oriented Merchandise Prohibited. The use or possession of adult oriented merchandise and condoms in any part of a massage establishment is expressly prohibited.

3. Recordings. No electrical, mechanical or artificial device shall be used by any massage establishment staff for audio and/or video recording or for monitoring the performance of a massage, of the conversation of other sounds in the massage rooms, without the knowledge and written consent of the patron.

4. Access. No person(s) other than an operator, employee, independent contractor or patron shall be allowed beyond the customer lobby during the hours of operation. Any other person(s) found beyond the customer lobby including but not limited to, hallways, massage rooms, offices, lounge areas, or dressing rooms will be in violation of this section. Entry doors to any room shall not be obstructed by any means.

5. Discrimination. No permittee may discriminate or exclude patrons on the basis of race, religion, age or handicap.

(Ord. 2014-1009, 2014)

A. The investigating officials of the City, including, but not limited to, representatives of the Sheriff's Department, Fire Department, Community Development Department and the County Health Officer, shall have the right to enter a massage business operating out of a fixed location from time to time during regular business hours prior to the issuance of an Operator's Permit and subsequently for the purpose of making reasonable inspections to enforce compliance with this chapter and with building, fire, electrical, plumbing, and/or health and safety regulations. In the event an Operator's Permit has been issued, it may be revoked or suspended in the manner hereinafter set forth in this chapter.

B. No person shall refuse to permit, cause delay of, or interfere with, a lawful inspection or compliance check of the premises by City or County officials at any time.

C. Whenever any City official inspects a massage business and finds that any provision of this chapter or any other applicable law has been violated, he or she shall give notice of such violation by means of an inspection report or other written notice including but not limited to issuing a citation for each and every violation of this chapter or other applicable laws. Upon discovering one or more violations, the investigating person shall either:

1. Issue a written citation setting forth the specific violation or violations found, and shall notify the permittee that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the revocation or suspension of the permit; or

2. Issue a written warning that any future violation of this chapter may result in suspension or revocation of the Operator's Permit and establish a specific and reasonable period of time for the correction of the violation or violations, provided however, no time to correct need be given for health and safety violations or violation of criminal law.

D. The permittee shall take immediate action to correct violations and the City officials may re-inspect the massage establishment for compliance.

(Ord. 2014-1009, 2014)

No outcall massage shall be conducted in a hotel or motel room, or in the private residence of the individual providing massage. No outcall massage may be provided between the hours of 10:00 p.m. and 7:00 a.m.

(Ord. 2014-1009, 2014)

Within seven days of any of the below-listed changes, a permittee shall notify the Permit Administrator in writing of:

A. Any and all changes in the application information the permittee provided to the City pursuant to Section 5.20.060, including but not limited to a change in address; and

B. If the permittee is a business entity, any and all changes of ownership of the business; and

C. Any and all changes of personnel who are employed by the permittee, either as employees or independent contractors.

(Ord. 2014-1009, 2014)

An Operator's Permit shall not be transferrable except with the written approval of the Permit Administrator. A written application for such a transfer shall contain the same information as required herein for an initial application for a permit as set forth in Section 5.20.060. In the event of denial of such transfer, notification of any reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or delivered in person within 60 days of receipt of an application for transfer. If the application is denied, the applicant shall have the right of appeal as set forth in Section 5.20.170.

(Ord. 2014-1009, 2014)

A. Expiration. Unless revoked, an Operator's Permit shall be valid for one year from issuance or as extended pursuant to this chapter.

B. Renewal. To renew an Operator's Permit, the permittee shall apply to the City at least 60 days prior to expiration. Renewals shall be processed and investigated pursuant to the procedure set forth in Section 5.20.060, but the applicant shall only be required to submit information that has changed from the last application or renewal.

(Ord. 2014-1009, 2014)

An Operator's Permit may be suspended or revoked upon any of the following grounds:

A. The permittee employs allows an individual to provide massage services for compensation, either as an employee or independent contractor, who do not hold a valid and current State Certificate.

B. The permittee made a material misrepresentation on the application for an Operator's Permit or renewal.

C. The permittee has engaged in conduct or operated the massage business in a manner which violates any of the provisions of this chapter or any of the laws which would have been grounds for denial of the Operator's Permit.

D. The permittee violated the Massage Therapy Act.

E. The permittee has engaged in fraud, misrepresentation, or false statements in obtaining or maintaining the Operator's Permit.

(Ord. 2014-1009, 2014)

A. Notice of denial, revocation or suspension shall contain a written statement of the ground(s) which constitute the basis for the decision and information about the right to a hearing before the Permit Administrator and appeal before the Hearing Officer and the necessity of exhausting these administrative remedies as a prerequisite to litigation.

B. A request for a hearing to review any decision relating to an Operator's Permit must be submitted to the Permit Administrator within 15 days of the date of service of the written decision. When a timely request for a hearing is submitted, the request shall be considered by the Permit Administrator within 15 days of service of the request. The Permit Administrator may affirm or reverse, wholly or partially, or may modify the determination, interpretation, decision, conditions of approval or similar action. The decision of the Permit Administrator shall be rendered in writing and shall be final, unless appealed to Hearing Officer pursuant to Section 5.20.180 of this chapter.

C. Notice shall be given by personal service or certified or registered mail to the address shown on the last application or renewal. If reasonable attempts to otherwise serve are not successful, service may be provided by first class mail.

D. For the purposes of this chapter, service shall be deemed complete either on the day when personal service is made or five days after notice is deposited in the mail.

E. Unless otherwise specifically prohibited by law, the burden of proof in any hearing or other matter under this chapter is on the individual, group or entity challenging the decision. Formal rules of evidence shall not apply to the hearing.

F. If an Operator's Permit is suspended or revoked, the Operator's Permit shall be surrendered immediately unless: (1) the permittee submits a timely request for a hearing and (2) the grounds for suspension or revocation did not involve a health and safety violation or a violation of criminal law.

(Ord. 2014-1009, 2014)

A. Any decision of the Permit Administrator may be appealed to the Hearing Officer within 15 days of service of the decision by any person aggrieved by such decision. When a timely appeal is filed, the appeal shall be considered by the Hearing Officer within 30 days of service of the request. The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least 10 days prior to the hearing. The appeal hearing may be continued from time to time upon the mutual consent of the parties. The Hearing Officer may affirm or reverse, wholly or partially, or may modify the decision or determination made by the Permit Administrator. The decision of the Hearing Officer shall be in writing and shall be final.

B. The City Clerk shall not accept an appeal, and no appeal hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.

C. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to subsection (A) of this section.

(Ord. 2014-1009, 2014)

No reapplication for an Operator's Permit will be accepted within one year after an application or renewal is denied or an Operator's Permit is revoked, provided that, if an Operator's Permit is denied for the sole reason that an individual who will provide massage for the massage business does not possess a CAMTC certification, reapplication may occur after immediately CAMTC certification has been attained.

(Ord. 2014-1009, 2014)

A. It is unlawful for any person to engage in conduct that violates any provision of this chapter, to engage in conduct which fails to meet the standards set forth in this chapter or to own, manage or operate a massage establishment that is not fully in compliance with the operation standards set forth in this chapter.

B. Any violation of this chapter shall be a misdemeanor unless, in the sole discretion of the City Attorney, it is charged as, or reduced to, an infraction. Citations, and warning notices may be utilized as deemed appropriate to the circumstances by the enforcing personnel.

C. In addition to the above, any massage business operated, conducted, or maintained contrary to the provisions of this chapter shall be and is declared to be unlawful and a public nuisance and the City may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in the manner provided by law, including any code enforcement procedures established pursuant to the laws of the State of California or the City of Yorba Linda.

D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. 2014-1009, 2014)

Massage businesses that were operating lawfully before the enactment of the ordinance codified in this chapter shall be required to obtain an Operator's Permit within one year of the effective date of that ordinance.

(Ord. 2014-1009, 2014)