HomeMy WebLinkAboutG-2 Staff Report - Ordinance No. 2017-O3 - 2nd Reading Message Technicians and Massage EstablishmentsSECOND READING ITEM
G-2
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: JUNE 19, 2017
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2017-03 AMENDING
ARTICLE IX (MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS)
OF CHAPTER 18 (BUSINESSES), ADDING CHAPTER 88.48 (MASSAGE
PARLORS AND MASSAGE TECHNICIANS) TO ARTICLE 4 (STANDARDS FOR
SPECIFIC LAND USES) OF CHAPTER 88 (DEVELOPMENT CODE), AMENDING
SECTION 88.70.020, AMENDING SECTION 88.24.005, AND AMENDING SECTION
88.26.010 OF THE AZUSA MUNICIPAL CODE REGARDING MASSAGE
PARLORS AND MASSAGE TECHNICIANS.
SUMMARY:
At the June 5, 2017 City Council meeting, a public hearing was conducted and Ordinance No. 2017-03
was introduced for first reading, amending Article IX of Chapter 18 of the Azusa Municipal Code by
adding Chapter 88.48 to Article 4 regarding Massage Parlors and Massage Technicians, by title only,
and adopts Ordinance No. 2017-03. The proposed action conducts a second reading of the Ordinance, by
title only, and adopts Ordinance No. 2017-O3.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Read by title only, second reading and adoption, Ordinance No. 2017-03, AMENDING
ARTICLE IX (MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS) OF
CHAPTER 18 (BUSINESSES), ADDING CHAPTER 88.48 (MASSAGE PARLORS AND
MASSAGE TECHNICIANS) TO ARTICLE 4 (STANDARDS FOR SPECIFIC LAND USES)
OF CHAPTER 88 (DEVELOPMENT CODE), AMENDING SECTION 88.70.020,
AMENDING SECTION 88.24.005, AND AMENDING SECTION 88.26.010 OF THE AZUSA
MUNICIPAL CODE REGARDING MASSAGE PARLORS AND MASSAGE
TECHNICIANS.
APPROVED
CITY COUNCIL
6/19/2017
Ordinance No. 2017-03
June 19, 2017
Page 2 of 2
DISCUSSION:
Attached to this Staff Report is the proposed Ordinance No. 2017-03 which was introduced at the June
5, 2017 Council meeting. If no further revisions to the Ordinance are desired, the City Council can
move for the adoption of the Ordinance.
FISCAL IMPACT:
At the June 5, 2017 City Council meeting, the City Council adopted Resolution No. 2017-C37 to
establish related permitting fee to process the Massage Parlor Permits.
The total Massage Parlor Permit shall be $932.00 and renewal shall be $465.00 plus associated fees for
Live Scan. This amount, as required by law, represents the reasonable relationship between the fees to
be collected and the cost incurred by the City for processing permit applications. The data compiled by
City staff to calculate the estimated hours and costs for processing per applications is shown in
Attachment 2.
The proposed recommendation will increase the General Fund permit revenues by $12,110 ($931.5321
X 13) assuming all thirteen massage parlors obtain their permits, and each subsequent annual renewal
will increase the General Fund revenues by an estimated amount of $6,041 ($464.70 X 13) plus the
actual cost of Live Scan.
Prepared by: Reviewed and Approved:
Manuel Muñoz Kurt Christiansen, FAICP
Associate Planner Economic & Community Development Director
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
Attachments:
1) Ordinance No. 2017-03
2) Massage Parlor Permit Fees
ORDINANCE NO. 2017-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA DELETING ARTICLE IX
(MASSAGE TECHNICIANS AND MASSAGE
ESTABLISHMENTS) OF CHAPTER 18 (BUSINESSES),
ADDING CHAPTER 88.48 (MASSAGE PARLORS AND
MASSAGE TECHNICIANS) TO ARTICLE 4 (STANDARDS
FOR SPECIFIC LAND USES) OF CHAPTER 88
(DEVELOPMENT CODE), AMENDING SECTION
88.70.020, AMENDING SECTION 88.24.005, AND
AMENDING SECTION 88.26.010 OF THE AZUSA
MUNICIPAL CODE REGARDING MASSAGE PARLORS
AND MASSAGE TECHNICIANS
WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation,
duly organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to Chapter 2 of the Azusa Municipal Code, the City
regulates the administration of the business of the City through and on behalf of the City
Council of the City of Azusa (the “City Council”); and
WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the
California Massage Therapy Council, a state -organized nonprofit organization with
regulatory authority over the certification of massage practitioners throughout the State
of California; and
WHEREAS, Senate Bill 731 also limited the City’s regulatory authority over
massage establishments that exclusively hire State-certified massage technicians,
preempting most local licensure and permitting requirements and land use regulations ;
and
WHEREAS, the City amended the Azusa Municipal Code to comply with the
regulations set forth in Senate Bill 731; and
WHEREAS, Senate Bill 731 has been widely criticized by local agencies as
providing massage businesses with almost unprecedented protection from local zoning
and land use authority, and interfering with local law enforcement efforts to close
massage businesses that allow prostitution and other illegal activities; and
WHEREAS, as a result of Senate Bill 731, the City experienced a proliferation of
massage establishments located in the City; and
WHEREAS, the increased number of massage establishments that have located
in the City have resulted in an increase of police and code enforcement calls for service
to many of those massage establishments. Some of those establishments are
suspected of allowing sexually explicit activity to take occur on the premises, including
prostitution; and
WHEREAS, during City inspections of some existing massage establishments,
City inspectors collectively issued twenty-nine (29) citations amounting to $39,750 in
fines, and
WHEREAS, the illicit and illegal activities detailed in the above recitals at
massage establishments in the City pose immediate health and safety threats to the
establishments, its operators, employees, patrons, surrounding businesses, and the
public; and
WHEREAS, Assembly Bill 1147, signed by Governor Jerry Brown, was created
in response to criticism against Senate Bill 731 and allows local agencies to impose
reasonable zoning, business licensing, and health and safety requirements on massage
establishments. Assembly Bill 1147 went into effect on January 1, 2015; and
WHEREAS, on July 27, 2015, in response to Assembly Bill 1147, the City
imposed a moratorium in order to study the issue of massage regulation and to prepare
an ordinance to address the siting of massage parlors in the City. The moratorium was
extended in accordance with Government Code Section 65858 and is set to expire on
July 26, 2017; and
WHEREAS, the City now wishes to amend the Azusa Municipal Code to ensure
that the City regulates massage establishments in compliance with the provisions of
Assembly Bill 1147; and
WHEREAS, the City is also authorized by Government Code Section 51030 et
seq., to regulate massage establishments by imposing reasonable standards relative to
the skill and experience of massage operators and massage technicians, and
reasonable conditions on the operation of the massage establishments; and
WHEREAS, the public peace, health, safety, and welfare require revisions to the
Azusa Municipal Code relating to massage establishments and massage technicians to
ensure that nuisance activities occurring at massage establishments in the City are
properly regulated and cease; and
WHEREAS, the Planning Commission conducted a public hearing on the
proposed Development Code Amendment No. 243 at a regular meeting on May 10,
2017, and recommended that the City Council approve this Ordinance; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Article IX to Chapter 18 of the Azusa Municipal Code is hereby
deleted in its entirety.
SECTION 3. Chapter 88.48 is hereby added to Article 4 of Chapter 88 of the
Azusa Municipal Code to read in its entirety as follows:
“CHAPTER 88.48. MASSAGE PARLORS AND MASSAGE TECHNICIANS.
88.48.010. - Definitions.
The following words as used in this Chapter shall have the signification
attached to them in this Chapter unless otherwise clearly apparent from the
context:
“CAMTC Certificate” means a certificate issued by the California Massage
Therapy Council to a Person who has obtained the right to use the title Certified
Massage Therapist or Certified Massage Practitioner.
"Cosmetology Establishment" means an establishment which is licensed
pursuant to all applicable Federal, State and Local Laws, rules and regulations to
provide primarily the following types of services: (1) shaving or trimming the
beard or cutting the hair of a Person; (2) giving facial and scalp Massages or
treatments to a Person; (3) shampooing, arranging, dressing, curling, waving,
relaxing, permanent waving, coloring or straightening the hair of a Person; (4)
removing superfluous hair from the body of any Person by the Use of
depilatories, tweezers or chemicals; and (5) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring the nails of any Person.
“Licensed Massage Technician” means any Person who administers
Massage upon another human being in exchange for anything of value
whatsoever while in the possession of a valid CAMTC Certificate.
"Massage" means and includes any method of treating or manipulating the
external parts of the human body for remedial, hygienic, relaxation or any other
purpose, whether by means of pressure on, friction against or rubbing, touching,
stroking, tapping, kneading, pounding, vibrating or other manner of touching
external parts of the human body with the hands or by means of an instrument ,
such as any mechanical or electrical apparatus or appliance, with or without
supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders,
creams, ointment or other similar preparations commonly used in this practice.
"Massage Parlor" means any business wherein any Person, firm,
association, partnership, corporation, or combination of the same engages in,
conducts, carries on or permits to be engaged in, conducted or carried on, for
money or any other consideration whatsoever, the admi nistration to another
Person of a Massage or a bath or health treatment involving a Massage.
"Massage Parlor" shall not include Cosmetology Establishments. The fact that a
business utilizes independent contractors rather than employees shall not
remove it from the definition of “Massage Parlor.”
"Operator" means all Persons who have an ownership interest in a
Massage Parlor or a Cosmetology Establishment and who are responsible for the
Day to Day operations of the establishment.
"Person" means any individual, corporation, partnership, association or
other group or combination of the same acting as an entity.
"Unlicensed Massage Technician" means any Person who administers
Massage upon another human being in exchange for anything of value
whatsoever without a valid CAMTC Certificate.
88.48.020. - Business License - Required/Fee.
Each Massage Parlor shall obtain a business license and pay the required
fees in accordance with Article I of Chapter 18. Each Licensed Massage
Technician operating as an independent contractor shall obtain a business
license and pay the required fees in accordance with Arti cle I of Chapter 18. At
the time of application for said business license, Licensed Massage Technicians
performing off-premises massages shall provide a copy of a valid CAMTC
Certificate to the Economic & Community Development Department.
88.48.030. - Massage Parlor Permit.
A. It is unlawful for any Person to own or operate, in or upon any fixed
premises within the City, a Massage Parlor in the absence of a Permit
issued pursuant to the provisions hereinafter set forth.
B. Notwithstanding anything to the contrary in subsection A of this Section,
Persons who own or operate licensed Cosmetology Establishments and
who wish to provide incidental Massage services pursuant to Section
88.48.180, need not obtain a Permit pursuant to this Section.
C. Each applicant shall pay a nonrefundable fee, in an amount determined by
Resolution of the City Council, at the time they submit a Permit application
or renewal application under this section. The application fee is for the
purpose of defraying the expense of investigation, administration and
issuance of said Permit.
88.48.040. – Unlicensed Massage Technicians.
A. It is unlawful for any Person to engage in, conduct or carry on, attempt to
engage in, conduct or carry on, or to permit to be engaged in, conducted
or carried on the business of an Unlicensed Massage Technician at any
location within the City, including a Massage Parlor and a Cosmetology
Establishment.
B. The requirements of this Section shall have no Application an d no effect
upon, and Shall not be construed as applying to, any physician, surgeon,
chiropractor, osteopath, or physical therapist fully licensed by the State, or
any nurse, assistant, trainee or other Person administering under the
immediate direction, supervision and control of any physician, surgeon,
chiropractor, osteopath, or physical therapist duly licensed by the State.
This section does not apply to any treatment administered in good faith in
the course of the practice of any healing art or profess ions by any Person
licensed to practice any such art or professions under the Business and
Professions Code of the State or any other Law of this State.
88.48.050. – Permit Application contents.
An applicant for a Massage Parlor Permit shall submit the following information:
A. Full name and any aliases heretofore used or currently used, and current
addresses of the Operator(s), and applicant if different;
B. Written proof that the Operator(s), and applicant if different, is over the
age of eighteen years;
C. The business, occupation, or employment of the Operator(s), and
applicant if different, for three years immediately preceding the date of the
application;
D. Any Massage or similar Business License history of the Operator(s), and
applicant if different, including whether such Person, in previous operation,
in this or another area, has had his or her license revoked or suspended,
the reason therefor, and any business activity or occupation subsequent to
the action of suspension or revocation;
E. A full list of all Licensed Massage Technicians who will practice at the
premises. For each Licensed Massage Technician listed, applicant shall
provide the current CAMTC Certificate number and a copy of the CAMTC
Certificate;
F. A list of each person permitted to act as the on-duty manager of the
Massage Parlor and a statement, signed and dated by each such
designated manager, certifying under penalty of perjury that they: (1) Have
received a copy of this Chapter; (2) Understand its contents; and (3)
Understand the duties of a manager as provided in this Chapter;
G. Evidence that the Operator(s) has obtained insurance issued by an
insurance company authorized to do business in the State of California
under a liability insurance policy providing minimum coverage of
$500,000.00 for injury or death to one person arising out of the operation
of any massage business and the administration of a massage;
H. A list of employees who are not Licensed Massage Technicians for
purposes of performing a Live Scan with the California Department of
Justice;
I. The signature of all Operator(s) on the completed application;
J. Floor Plan;
K. Operation Statement; and
L. Menu of Services.
88.48.060. - Permit—Procedure.
Upon payment of all fees, the accurate submission of all information
required by the application, and upon proper inspection, the appropriate Permit
shall be granted by the Economic & Community Development Director. The
Permit may be denied if the applicant fails to meet any of the requirements of this
Chapter or if the applicant or owner has had a similar permit revoked in the prior
five years. Any Person denied a Permit pursuant to these provisions may appeal
to the City Council in writing, stating reasons why the Permit should be granted.
The City Council may grant or deny the Permit. All Permits issued hereunder are
nontransferable.
88.48.070. - Display of Permit and Certificates.
Every Person to whom a Massage Parlor Permit has been granted shall
display the Permit and the current CAMTC Certificate held by each Licensed
Massage Technician employed therein in a conspicuous place at the premises.
Every Operator shall report in writing to the City any change in the Licensed
Massage Technicians permitted to provide services at the Massage Parlor. The
report shall contain the name of the employee and the date of hire or termination.
The report shall be made within five days of the date of hire or termination. All
employees, independent contractors, and Licensed Massage Technicians at the
Massage Parlor premises shall be required to wear name tags identifying the
individual’s name and indicating clearly whether such person is a Licensed
Massage Technician. If the person is a Licensed Massage Technician, the name
on the name tag shall match the name on the CAMTC Certificate.
88.48.080. - Change of location.
A Massage Parlor Permit shall be specific to the Premises referenced on
the application. A change of location of Massage Parlor premises shall not be
approved by the Economic & Community Development Department. The
relocation of an existing business will be subject to a new application.
88.48.090. - Permit—Expiration and renewal.
All Permits issued under provisions hereof shall run concurrently with the
business license renewal period. A renewal Permit may be issued upon
application to the City and the payment of a renewal fee set by Resolution of the
City Council. Any application for renewal must be made on or before the fifteenth
day prior to the business license expiration date. In the event of failure to so
apply for renewal of a Permit on or before the fifteenth day prior to the business
license expiration date, a Person whose Permit has expired shall be deemed a
new applicant and shall have to requalify under the provisions herein. With each
renewal application, Persons holding a Massage Parlor Permit must submit a list
of all Licensed Massage Technicians who will practice at the premises. For each
Licensed Massage Technician listed, applicant shall provide the current CAMTC
Certificate number and shall provide copies of CAMTC Certificates of Licensed
Massage Technicians who have been employed by the Massage Parlor during
the prior year and the upcoming renewal year. The applicant shall also update
the operation statement, floor plan, and menu of services. In addition, the
applicant shall provide proof of insurance and a revised list of on-duty managers
required by Section 88.48.050.
88.48.100. – Facilities and Operational Standards.
No Massage Parlor Permit shall be issued or renewed unless an
inspection discloses that the Massage Parlor complies with each of the following
minimum requirements. Further, following issuance of a Permit, each Massage
Parlor shall be maintained in accordance with the foregoing requirements :
A. A readable sign in compliance with this Code shall be posted at the main
entrance identifying the business as a Massage Parlor. Said sign shall be
readable and shall identify the premises as a massage business. The
sign and the front of the business shall not be illuminated by strobe or
flashing lights.
B. The hours of operation must be posted in the front window, clearly visible
from the outside. The maximum hours of operation for any Massage
Parlor shall be from 7:00 a.m. until 10:00 p.m. daily. In no event shall a
massage begun before 10:00 p.m. continu e beyond 10:00 p.m. Patrons of
the Massage Parlor may not be permitted to remain on the premises
outside these hours of operation.
C. A list of services available and the cost of such services font size 12 or
larger letters shall be posted in a conspicuous public place within the
premises. Only those services listed may be performed. Nothing in this
subsection shall preclude the Operator from posting additional signs in
other languages as long as at least one sign in English is posted pursuant
to this subsection.
D. Minimum lighting shall be provided in accordance with the Uniform
Building Code, and additionally, at least one artificial light of not less than
forty watts shall be provided in each enclosed room or booth where
Massage services are being rendered.
E. Minimum ventilation shall be provided in accordance with the Uniform
Building Code.
F. Adequate equipment for disinfecting and sterilizing any instruments used
for Massage shall be provided. Said equipment shall be available to
Licensed Massage Technicians at the locations where Massage is
performed. All instruments and equipment shall be appropriately
disinfected and sterilized prior to use.
G. Hot and cold running water shall be available at all times.
H. Closed cabinets shall be utilized and adequately identified for the storage
of clean linen. Soiled linen shall not be stored in the same location as
clean linen. Soiled linen shall be stored separately and clearly identified
as such.
I. Adequate dressing and toilet facilities shall be provided for the patrons.
Such facilities shall be equipped with adequate locking devices. Such
equipment shall include at least one toilet and a separate washbasin,
which washbasin shall provide soap or detergent and hot running water at
all times and shall be located within close proximity to the area devoted to
the performing of massage services. A permanently installed soap
dispenser, filled with soap, and a single service towel dispenser sha ll be
provided at the restroom hand wash sink. No bar soap may be used. A
trash receptacle shall be provided in each toilet room.
J. All walls, ceilings, floors, steam or vapor rooms, and all other physical
facilities for the Massage Parlor shall be kept in good repair. All physical
facilities shall be cleaned and sanitized daily and maintained in a clean
and sanitary condition at all times.
K. Clean and sanitary towels and linens shall be provided for patrons
receiving Massage services. No common use of towels or linens shall be
permitted. Towels and linen shall be laundered or changed promptly after
each use.
L. Beds, floor mattresses, and waterbeds shall not be located at the
premises.
M. A separate locker, capable of being locked, shall be provided at no extra
charge for each patron served.
N. No person or persons shall be allowed to live inside the Massage Parlor at
any time. No food of any kind shall be prepared for sale or sold in the
business unless an appropriate public health permit is grante d by the
County of Los Angeles.
O. No person shall enter, be in or remain in any part of the Massage Parlor
while in possession of, consuming, using, or under the influence of any
alcoholic beverage or controlled substance. The Operator(s) and on-duty
manager shall be responsible to ensure that no such person shall enter or
remain upon the premises. Service of alcoholic beverages shall not be
permitted.
P. All patrons shall be provided clean, sanitary and opaque coverings
capable of covering the patrons’ specified anatomical areas, including the
genital area, anus and female breast(s). No common use of such
coverings shall be permitted, and re-use is prohibited unless adequately
cleaned.
Q. No Massage Parlor shall place, publish or distribute, or cause to be
placed, published or distributed, any advertising matter that depicts any
portion of the human body that would reasonably suggest to prospective
patrons that any service is available other than those services described in
this Chapter (including those massage techniques recognized by the
California Massage Therapy Council as legitimate). Nor shall any
massage business employ language in the text of such advertising that
would reasonably suggest to a prospective patron that any service is
available other than those services authorized by this Chapter and
applicable law.
R. Massage Parlor shall comply with all state and federal laws and
regulations for handicapped customers. No Operator or Licensed
Massage Technician may discriminate or exclude patrons on the basis of
their race, sex, religion, age, handicap or any other classification protected
under federal or state laws, rules or regulations.
S. All front, reception, hallway or front exterior doors (except back or exterior
doors used solely for employee entrance to and exit from the massage
business) shall be unlocked during business hours, except as may be
permitted by applicable law (such as the Uniform Fire Code or
Government Code Section 51034) which allows for safety doors which
may be opened from the inside when locked. Whenever the business is
open, staff shall be available to assure security for clients and massage
staff who are behind closed/unlocked doors. No massage may be given
within any cubicle, room, booth or any area within a massage business
which is fitted with a lock of any kind (such as a locking door knob,
padlock, dead bolt, sliding bar or similar device), unless the only door is an
exterior door. Entry doors to any room shall not be obstructed by any
means.
T. No persons other than Operator(s), Licensed Massage Technicians, and
customers shall be permitted anywhere in the Massage Parlor other than
the lobby/reception area during the hours of operation.
U. No Licensed Massage Technician or other person on the premises may
engage in any massage technique not recognized by the California
Massage Therapy Council as legitimate. No Licensed Massage
Technician or other person on the premises may engage in unprofessional
conduct, as that term is described in Business and Professions Code
Section 4609 (a)(1), which includes sexually suggestive advertising
related to massage services, engaging in any form of sexual activity on
the premises, providing massage of the genitals or anal region, and
providing massage of female breasts without the written consent of the
person receiving the massage and a referral from a licensed California
health care provider.
V. Licensed Massage Technicians and all other employees of the Massage
Parlor shall comply with the dress code requirements imposed on
Licensed Massage Technicians under Business and Professions Code
Section 4609 (a)(10), which prohibits: (1) attire that is transparent, see-
through, or substantially exposes the certificate holder's undergarments;
(2) swim attire, if not providing a water-based massage modality approved
by the council; (3) dressing in a manner that exposes the certificate
holder's breasts, buttocks, or genitals; (4) dressing in a manner that
constitutes a violation of Section 314 of the Penal Code; and (5) dressing
in a manner that is otherwise deemed by the council to constitute
unprofessional attire based on the custom and practice of the profession
in California.
W. The Operator or on-duty manager shall post, on a daily basis, the name of
each on-duty manager in a conspicuous public place in the lobby of the
massage business. The operator, and the on-duty manager in the
operator's absence, shall be responsible for ensuring compliance with this
Chapter. The Operator and any on-duty manager shall be responsible for
the conduct of all employees while the employees are on the premises .
X. At least one Licensed Massage Technician shall be on the premises and
on duty at all times when the business is open.
Y. No Massage Parlor shall employ, or permit to be employed at the
Premises, any person who is not a Licensed Massage Technician unless
the City has been provided with sufficient information to perform a Live
Scan with the California Department of Justice and the person has
successfully completed that process, including the payment of fees to
reimburse the City in connection with the cost of performing the Live Scan.
Z. Each Massage Parlor shall post CAMTC Certificates of Licensed Massage
Technicians and require all persons working at the Premises to wear
name tags in accordance with Section 88.48.070.
88.48.110. - Employee—Restrictions.
No Person holding a Massage Parlor permit may hire any Unlicensed
Massage Technician or permit any Unlicensed Massage Technician to perform
Massages at the premises.
88.48.120. - Inspection.
A. Each Person holding a Massage Parlor permit consents to the inspection
of the Massage Parlor by the City's Building Division, Community
Improvement Division, Planning Division, Fire Department and Police
Department and the County Health Department for the purpose of
determining that the provisions of this Chapter or other applicable laws or
regulations are met.
1. The City's Building Division, Community Improvement Division,
Planning Division, Fire Department and Police Department and the
County Health Department may, from time to time, make an
inspection of each massage business for the purpose of
determining that the provisions of this Chapter, state law, or other
applicable laws or regulations are met. Routine inspections shall
occur once per calendar year, except where violations have
occurred in the last calendar year or where complaints have been
received. Costs associated with annual inspections, or re-
inspections required as a result of a violation, will be set by
Resolution of the City Council and may be included as part of the
initial application fee and the annual renewal fee referenced in
Sections 88.148.030 and 88.148.090.
2. Inspections of the massage business shall be conducted during
business hours.
3. An operator or his or her agent, servant or employee commits an
offense if he or she refuses to permit a lawful inspection of the
premises by a representative of Building Division, Community
Improvement Division, Planning Division, Fire Department and
Police Department and the County Health Department at any time it
is occupied or open for business.
B. In the event a Person at the Massage Parlor is found, following the
expiration of appeal rights or a determination in an administrative provision, to
have violated any of the requirements of 88.48.100, the Chief of Police (or
designee) may require the posting of the following notice:
“NOTICE TO ALL PATRONS
THIS MASSAGE BUSINESS AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE AZUSA
POLICE DEPARTMENT WITHOUT PRIOR NOTICE.”
The notice set forth above shall be prepared by the Azusa Police Department
and shall be conspicuously posted in a location within the massage business that
are easily visible to any person entering the premises and in each massage
room. The notice shall be so posted for 12 months following the violation of any
of the offenses set forth in Section 88.48.100. The requirement for posting the
notice described in this section is cumulative and in addition to all other
remedies, violations and penalties set forth in this chapter or in the ordinances,
laws, rules or regulations of the City of Azusa, the County of Los Angeles, and
the State of California.
88.48.130. - Records of treatment.
Every Person owning or operating a Massage Parlor under a Permit as
herein provided, and any Person owning or operating a Cosmetology
Establishment in which Incidental Massage services are performed pursuant to
this Chapter, shall keep a record of the date and hour of each treatment, the
name and address of the patron, and the name of the technician administering
such treatment. Identical records shall be kept of treatment rendered off the
premises, and, in addition, shall describe the address where the tre atment was
rendered. Such records shall be maintained for a period of two years. Such
records shall be open to inspection upon one week’s written notice or
immediately with a search warrant by officials charged with the enforcement of
these provisions for the purposes of Law enforcement and for other purposes
related to this Chapter.
88.48.140. – Violations and Grounds for Revocation.
A Massage Parlor Permit may be revoked as set forth in Section
88.48.150 on one or more of the following grounds:
A. That the holder is guilty of fraud or deceit in her or his application for a
Permit;
B. That the holder is permitting the practice of Massage in a manner intended
to arouse, appeal to, or gratify the lust or passions or sexual desires of
another, or that the holder is permitting the practice of medicine without a
license or engaging in other similar unauthorized practices;
C. That the holder has been convicted in a court of competent jurisdiction of
a felony or a crime of moral turpitude. The conviction of a felony shall
include the conviction of an offense which, if committed within the Sta te,
would constitute a felony under the laws thereof;
D. That the holder has employed, allowed or permitted an Unlicensed
Massage Technician to perform Massage at the premises; or
E. That the holder has failed to maintain the premises in accordance with the
requirements set forth in Section 88.48.100.
Notwithstanding the foregoing, the violation of any provision of this
Chapter may be subject to enforcement in accordance with Chapter 1 or Article 6
of Chapter 88 of this Municipal Code. City Code Enforcement Officers may
require that Operators of Massage Parlors and Licensed Massage Technicians
comply with provisions of this Code by abating certain conditions on an
immediate basis to protect the public health, safety, and welfare.
88.48.150. - Revocation and Appeal.
If any Person holding a Permit to carry on the business of a Massage
Parlor, as provided in this Chapter, shall conduct or carry on such business
contrary to the provisions of this Chapter or any other law relating to or regulating
such business, including Article I of Chapter 18 of this Code, it shall be subject to
suspension, revocation, and any other penalty permitted under this Code.
No Permit shall be suspended or revoked until after a hearing has been
conducted before the City Council relating to such suspension or revocation.
Notice of such hearing shall be given in writing and shall be served at least ten
days prior to the date of the hearing thereon, which notice shall state the grounds
of complaint against the holder of such Permit, or against the business carried on
by her or him and shall also state the time when and the place where such
hearing will be held. Such notice shall be served upon the holder of such Permit
by delivering the same to such Person, his manager or agent, or to any Person in
charge of, or employed in the place of business of such licensee or by leaving
such notice at the place of business or residence of such Person with some
Person of suitable age and discretion. In the event the holder of such license
cannot be found, and a service of such Notice cannot be made upon him or her
in the manner herein provided, then a copy of such notice shal l be mailed,
postage fully prepaid, addressed to such holder or such licensee at his place of
business or residence at least ten days prior to the date of such hearing.
88.48.160. - Abatement.
Any Massage Parlor, or Cosmetology Establishment in which Incidental
Massage services are performed pursuant to this Chapter, that is operated,
conducted, or maintained contrary to the provisions of this Chapter shall be and
the same is declared to be unlawful and a Public N uisance. The City Attorney or
the District Attorney may, in addition to or in lieu of prosecution in a criminal
action hereunder, commence an action or actions, proceeding or proceedings for
the abatement, removal, and enjoinment thereof, in the manner pro vided by law.
They shall also take such other steps, and shall apply to such courts or court as
may have jurisdiction to grant such relief, as will abate or remove such Massage
Parlor or Cosmetology Establishment and restrain and enjoin any Person from
operating, conducting, or maintaining a Massage Parlor or Cosmetology
Establishment contrary to the provisions of this Chapter.
88.48.170. - Severability.
This Chapter and the various parts, sections and clauses thereof are
declared severable. If any part, sentence, paragraph, section or clause is
adjudged unconstitutional or invalid, the remainder of this Chapter shall not be
affected thereby. The City Council of the City of Azusa declares that it would
have passed this Chapter and each part thereof, regardless of the fact that one
or more parts thereof be declared unconstitutional or invalid.
88.48.180. - Cosmetology Establishments providing Incidental Massage
services.
A. Every Cosmetology Establishment providing Massages pursuant to this
Chapter shall be duly and adequately licensed at all times pursuant to all
State and Local Laws, rules and regulations, including but not limited to,
Article I of Chapter 18 of this Code.
B. Massage services shall be performed only by Licensed Massage
Technicians.
C. Massages shall be provided only in clearly designated, lighted and
accessible locations within the Cosmetology Establishment. The provision
of Massages, as well as the location in which the all Licensed Massage
Technicians operate, shall comply with the Federal, State and Local
health, safety and building standards applicable to Cosmetology
Establishments, including those statutory and regulatory standards
applicable to the operation of Cosmetology Establishments.
D. Massage services shall be Incidental to the primary cosmetology services
of the Cosmetology Establishment. No more than one Licensed Massage
Technician shall be Permitted to operate in a Cosmetology Establishment
for every three cosmetologists operating in the same Establishment at any
one time. If less than three cosmetologists are operating in the
Establishment at any one time, there shall be no more than one Licensed
Massage Technician operating in the same Establishment at that time.
E. It is unlawful for any Person to own or operate a Cosmetology
Establishment in which Licensed Massage Technicians operate if the
establishment does not comply with all applicable Federal, State and
Local health, safety and building standards, including those statutory and
regulatory standards applicable to the operation of Cosmetology
Establishments.
88.48.190. – Massage Schools
No Massage Parlor shall operate as a school of massage or operate in the
same premises or use the same facilities as a school of massage, except as
otherwise may be permitted by law. It shall be unlawful for any person to perform
any massage upon a member of the general public while on the premises of a
school of massage. Instructors and students of such schools may practice
massage only upon a bona fide employee or student of the school.
88.48.200. – Off-Premises Massage Businesses
A. No person shall engage in, conduct, carry on or advertise or permit to be
engaged in, conducted or carried on any off -premises Massage business
in the City unless that person is a Licensed Massage Technician and has
obtained a business license and paid the required fees in accordance with
Article I of Chapter 18. At the time of application for said business license,
Licensed Massage Technicians performing off-premises massages shall
provide a copy of a valid CAMTC Certificate to the Community
Development Department.
B. Each off-premises massage business must comply with the following:
1. The owner, operator, responsible managing officer, manager or
permittee shall display the CAMTC Certificate of the Licensed
Massage Technician to every customer who so requests. The
CAMTC Certificate must be available for review at the time any
Massage is conducted.
2. No person operating an off-premises massage business shall
assist, allow or permit any Licensed Massage Technician to
perform any Massage in a hotel, motel, or other commercial
establishment that does not have a Massage Parlor Permit, unless
the commercial establishment is the business premises of the
customer.
3. Licensed Massage Technicians performing off-premises Massage
services shall comply with those requirements in Section 88.48.100
not related to facilities, including but not limited to subsections F, R,
U, V, and Y of that Section.
88.48.210. – Amortization of Existing Massage Parlors.
A. All requirements set forth in this Chapter are deemed to be necessary for
the protection of the public health, safety, and welfare and shall be
applicable to and govern all existing and proposed massage parlor
immediately upon the date the ordinance codified in this Chapter becomes
effective.
B. In the event a massage parlor which is located within a zone in which
massage parlors are permitted and which is lawfully in existence prior to
the adoption of this Section is not in compliance with the requirements of
this title, such massage parlor shall conform to all requirements and obtain
all necessary permits required for the operation of a massage parlor
identified in this Chapter and Article I of Chapter 18 of this Code within six
months following the effective date of the ordinance codified in this
Section.
C. Any existing massage establishment parlor which is located within a zone
in which massage parlors are not permitted which is a nonconforming use
as of the effective date of the ordinance codified in this Section shall be
subject to an amortization period of five years. Notwithstanding the
foregoing, Massage Parlors in existence as of the effective date of the
ordinance codified in this Section and locate d within a zone in which
Massage Parlors are permitted shall not be subject to amortization based
solely on the failure to comply with the overconcentration provisions of
Section 88.48.220.
D. Upon the conclusion of the amortization period, any massage
establishment which is a nonconforming use shall cease all business
operations, and all signs, advertising and displays relating to such
business shall be removed within 30 days thereafter.
E. Notwithstanding the foregoing, requirements regarding facilities as set
forth in Section 88.48.100 shall become immediately effective and must be
observed in full force by existing massage parlors as of the effective date
of the ordinance.
88.48.220. – Overconcentration of Massage Parlors.
In order to avoid an overconcentration of Massage Parlors in the City and
to protect the public health, safety, and welfare, in those zones where Massage
Parlors are permitted, no Massage Parlor shall be permitted to locate within 500
feet of an existing Massage Parlor. For the purposes of this Section, distances
shall be measured from the edge of the parcel where the existing and proposed
Massage Parlors are located.”
SECTION 3. Section 88.70.020 of the Azusa Municipal Code is hereby
amended to delete the following language from the definition of ‘Personal Services’:
“massage (licensed, therapeutic, non-sexual)”
SECTION 4. Table 2-2 in Section 88.24.005 of the Azusa Municipal Code is
hereby amended to add the following lines:
LAND
USE
TYPE
PERMIT REQUIRED BY ZONE Specific
Use
Regulations
DTC DCC DTV DE DW DWL
Massage
Parlor
__ __ __ S __ __ Chapter
88.48
LAND
USE
TYPE
PERMIT REQUIRED BY ZONE Specific
Use
Regulations
DU-MU DU-RM DU-RMO
Massage
Parlor
S __ __ Chapter
88.48
SECTION 5. Table 2-3 in Section 88.26.010 of the Azusa Municipal Code is
hereby amended to add the following lines:
LAND
USE
TYPE
PERMIT REQUIRED BY ZONE Specific
Use
Regulations
CAZ CSG CSA CAH CFB
Massage
Parlor
__ __ S S __ Chapter
88.48
SECTION 6. CEQA. This Ordinance is not a project within the meaning of
Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines,
because it has no potential for resulting in physical change in the environment, directly
or indirectly. The City Council further finds, under Title 14 of the California Code of
Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the
requirements of CEQA in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be
filed with the County Clerk of the County of Los Angeles in accordance with CEQA
Guidelines.
SECTION 7. Custodian of Records. The documents and materials that
constitute the record of proceedings on which this Ordinance is based are located at the
City Clerk’s office located at 213 E. Foothill Blvd., Azusa, CA 917025. The custodian of
these records is the City Clerk.
SECTION 8. Severability. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for
any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. The City Council of the City of Azusa hereby declares that it
would have adopted this Ordinance and each section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
SECTION 9. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 10. Publication. The City Clerk shall certify to the adoption of
this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance,
the Ordinance, or a summary thereof, along with the names of the City Council
members voting for and against the Ordinance, shall be published in a newspaper of
general circulation in the City of Azusa.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa,
California, at a regular meeting of the City Council held on the ____ day of
___________________, 20___, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of Azusa
________________________________
Joseph R. Rocha, Mayor
ATTEST:
________________________________
Jeffrey Cornejo, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_______________________________
Marco Martinez, City Attorney
CERTIFICATION
I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at
a regular meeting of said City Council on the _____ day of _______________, 20___
and was finally passed and adopted not less than five (5) days thereafter on the ____
day of _____________, 20___ by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeffrey Cornejo, City Clerk
Attachment #2 - Massage Parlor Permit (MPP) Fee
Massage Parlor Permit (MPP) Fee
Staff Title
Monthly
Pay
Monthly
Benefits*
Monthly
Flex/Def
Monthly
Total
Fully
Burdened
Hourly
Rates
Estimated
Hours
Total Fully
Burdened
Hourly
Rates
Director of
Economic and
Community
Development 13,787.66 5,087.10 1,346.00 20,220.76 116.65820 1 116.65820
Community
Improvement
Manager 6,918.14 2,665.21 1,496.00 11,079.35 63.91935 1 63.91935
Building Inspector 6,657.28 2,070.81 1,391.00 10,119.09 58.37939 1 58.37939
Associate Planner 6,410.01 1,993.90 1,346.00 9,749.91 56.24947 10 562.40
Planning
Technician 3,958.72 1,231.40 1,245.00 6,435.12 37.12569 1 37.12569
Community
Improvement
Inspector 5,177.93 1,610.65 1,391.00 8,179.58 47.18987 1 47.18987
Development
Services Assistant 5,002.06 1,555.94 1,391.00 7,949.00 45.85962 1 45.85962
Grand Total 931.5321
Massage Parlor Permit (MPP) Renewal Fee
Staff Title
Monthly
Pay
Monthly
Benefits*
Monthly
Flex/Def
Monthly
Total
Fully
Burdened
Hourly
Rates
Estimated
Hours
Total Fully
Burdened
Hourly
Rates
Director of
Economic and
Community
Development 13,787.66 5,087.10 1,346.00 20,220.76 116.65820 .5 58.3291
Community
Improvement
Manager 6,918.14 2,665.21 1,496.00 11,079.35 63.91935 .5 31.9596
Building Inspector 6,657.28 2,070.81 1,391.00 10,119.09 58.37939 .5 281.20
Associate Planner 6,410.01 1,993.90 1,346.00 9,749.91 56.24947 5 28.1247
Planning
Technician 3,958.72 1,231.40 1,245.00 6,435.12 37.12569 .5 18.5628
Community
Improvement
Inspector 5,177.93 1,610.65 1,391.00 8,179.58 47.18987 .5 23.5949
Development
Services Assistant 5,002.06 1,555.94 1,391.00 7,949.00 45.85962 .5 22.9298
Grand Total 464.70