HomeMy WebLinkAboutOrdinance No. 2366 ORDINANCE NO. 2366
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AMENDING CHAPTER 8.08 OF
THE AZUSA MUNICIPAL CODE RELATING TO
REGULATION OF MASSAGE PARLORS AND RELATED
BUSINESSES
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.08 of the Azusa Municipal code
is hereby repealed in its entirety.
SECTION 2. Chapter 8. 08 is hereby added to the Azusa
Municipal Code, to read as follows:
8.08 MASSAGE PARLORS.
8.08.010 Definitions. Unless the context or
subject matter clearly indicates that a different meaning is
intended, the words set forth below shall have the following
meanings when used in this chapter.
A. "Massage" means any method of pressure on, or
friction against, or stroking, kneading,
rubbing, tapping, pounding, vibrating,
manipulating, or stimulating the external
parts of the human body with the hands or with
the aid of any mechanical or electrical
apparatus or other appliance or device with or
without such supplementary aids such as
rubbing alcohol, linament, antiseptic, oil,
powder, cream, lotion, ointment, or similar
preparations. Massage includes, but is not
limited to, accupressure.
B. "Massage Business" means the activity or
providing for any form of consideration or
gratuity, facilities for massage, the adminis-
tration of fomentations, electric or magnetic
treatment, or any other form of treating or
manipulating the human body.
C. "Off-Premises Massage Business" means the
activity of providing massage services or
massage facilities as defined herein, at a
location other than premises licensed by a
permit from the City Council.
D. "Massage Technician" means any person who, for
any form of consideration whatsoever, gives or
administers to another person a massage as
defined in this chapter .
E. "Off-Premises Massage Technician" means a
massage technician who gives a massage at a
location other than the premises licensed by a
permit from the City Council.
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F. "Permit" in the case of a massage business or
off-premise massage business, means the permit
required by this chapter to be obtained from
the City Council. In the case of a massage
technician or off-premise massage technician,
"permit" means the permit required by this
chapter to be obtained from the Chief of
Police.
G. "Health Department" means the Department of
Health Services of the County of Los Angeles.
H. "Bath" means the activity of providing facili-
ties for steam baths, electric light baths,
electric cup baths, shower baths, sponge
baths, sun baths, mineral baths, Russian,
Swedish, or Turkish baths, any form of public
bathing which has, in connection with it, a
steam room, dry heat room, plunge, shower
bath, or sleeping accommodations, or any other
type of bath for treatment of the human body.
I. "Recognized School of Massage" means any
school or institution of learning which has
been approved by the Superintendent of Public
Instruction of this state pursuant to
Educational Code Section 94300, et seq. , and
California Administrative Code, Title 5,
Section 18823, et seq. , or any successor
statute or regulation. Any school or
institution of learning offering or allowing
courses of a massage technician not approved
by the Superintendent of Public Instruction
shall not be deemed a recognized school of
massage.
8.08.020 Massage Business - Permit Required. No
person shall engage in, conduct or carry on, or permit to be
engaged in, conducted, or carried on, in or upon any premise
within the City of Azusa, the operation of ,,a. massage
business without a permit duly issued by the Police Chief
pursuant to this chapter for each business location. The
required permit shall be in addition to any other license or
permit required by this code.
8.08.030 Applications. Applications for a massage
business permit shall be made upon a form provided by the
city and shall include or be accompanied by the following
information:
A. Each residence and business address of the
applicant for the three years immediately
preceding the date of the application.
B. Written proof that the applicant is at least
18 years of age.
C. The applicant ' s height, weight, color of eyes
and hair, and fingerprints.
D. Three color photographs of the applicant taken
not more than six months preceding the date of
the application.
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E. The applicant 's business, occupation, and
employment history for the three years
immediately preceding the date of the applica-
tion.
F. The permit history of the applicant, including
whether he or she ever had any license or
permit issued by any agency, board, city, or
state revoked or suspended, or had any profes-
sional or vocational license or permit revoked
or suspended, and if so, the reasons therefor .
G. The name and address of the owner/lessor of
the property upon or in which the massage
business is to be conducted, and a copy of any
lease or rental agreement .
H. 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 a state and date of
incorporation, and the name and residence
address of each current officer and director,
and each stockholder holding more than five
percent of the stock of the corporation. If
the applicant is a partnership, the applica-
tion shall set forth the name and residence
address of each partner, including limited
partners. If the applicant is a limited part-
nership, it shall furnish a copy of its certi-
ficate of limited partnership. If one or more
of the partners is a corporation, the provi-
sions of this subsection pertaining to
corporate applicants shall apply. The appli-
cant corporation or partnership shall
designate one of its officers or general part-
ners to act as its responsible managing
officer. Such person shall complete and sign
all application forms requiized_ of. an indivi-
dual applicant under this chapter, but only
one applicant fee shall be charged. The
responsible managing officer must at all times
meet all the requirements set for permittees
under this chapter. If a responsible managing
officer ceases to be employed by or associated
with the corporation or partnership, and no
new responsible managing officer is named
within 90 days, the corporation' s or partner-
ship' s permit shall be deemed cancelled, and a
new permit application must be filed.
I. Upon the filing of the application, the Chief
of Police shall notify the Health Department
and shall request that an inspection be made
of the premises sought to be licensed to
ascertain if the premises are in compliance
with all applicable health laws and this
Chapter. The costs of such inspection, if
any, shall be borne by the applicant. The
application shall not be deemed complete until
the written proof of compliance is obtained
from the Health Department. If such written
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proof is not obtained within 90 days of the
date of the filing of the application, the
application shall be deemed withdrawn, and a
new application must be filed.
J. Upon the filing of the application, the Chief
of Police shall investigate and ascertain
whether or not the applicant and all persons
interested in the permit or proposed business
as owners, partners, officers, managers,
employees, or other persons to be in charge of
the premises are required to register under
the provisions of Section 290 of the Penal
Code, have been convicted of a violation of
Section 266i, 315, 316, 318 or subdivision (b)
of Section 647 of the Penal Code, have been
convicted of any offense involving the sale of
a controlled substance specified in Section
11054, 11055, 11056, 11057, or 11058 of the
Health and Safety Code, or any conviction for
acts in other states that would amount to
violations of the above listed Penal Code and
Health and Safety Code sections if they were
committed in California. The Chief of Police
may require fingerprints to be taken of the
applicant and any other person referred to in
this chapter. Conviction of any such crimes
shall be grounds for denial of the permit.
K. Such other identification or other information
as may be required by the City Administrator,
the Chief of Police, or the City Council.
L. A statement that the applicant has received
and read a copy of this chapter .
8.08.040 Massage Business - Operating Requirements.
No person shall engage in, conduct or carry on, or permit to
be engaged in, conducted or carried on, any massage business
unless each and all of the following requirements axe met.
A. Each person employed or acting as a massage
technician shall have a valid permit issued by
the Chief of Police. It shall be unlawful for
any owner, operator, responsible managing
officer, manager, or permittee in charge of or
in control of a massage business to employ or
permit a person to act as a massage techni-
cian, as defined in this chapter, who is not
in possession of a valid massage technician
permit.
B. The possession of a massage business permit
does not authorize the possessor to perform
work for which a massage technician permit is
required.
C. Massage businesses shall be open only between
the hours of 7 a.m. and 10 p.m. The massage
establishment permittee shall not allow the
premises to be kept open for business, and no
permittee shall administer any massage or bath
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service between the hours of 10 p.m. of one
day and 7 a.m. of the following day.
D. A list of services available and the costs of
such services shall be posted in an open and
conspicuous place on the premises in one-half
inch or larger letters. The services shall be
described in the English language, and no
massage or bath service shall be offered,
solicited, administered, or charged for other
than those posted. Nothing in this section
shall preclude the permittee from posting
additional signs in other languages as long as
at least one sign in English is posted
pursuant to the requirements of this Chapter.
E. The massage business permit and a copy of the
permit of every massage technician employed on
the premises shall be displayed in an open and
conspicuous place and shall include a current
photograph of the permittee.
F. Every permittee operating a massage business
under a permit issued pursuant to this chapter
shall keep a record of the date and hour of
each treatment, the name and address of the
patron, the name of the employee administering
the treatment, and the type of treatment
administered. Such records shall be open to
inspection by the Health Department and the
Police Department. The information furnished
or secured as a result of such records shall
be confidential. Such records shall be main-
tained for a period of one year.
G. The permittee shall request the Health Depart-
ment from time to time, and at least once per
year, to make an inspection of the premises
for the purpose of determining that the
premises are being operated i.n..,accordance with
the laws and ordinances of the State of
California, the County of Los Angeles, and the
City of Azusa.
H. A minimum of one tub or shower and one toilet
and wash basin shall be provided for patrons
in every massage business location. However,
if male and female patrons are to be served
simultaneously at the premises, separate
toilet facilities shall be provided for male
and female patrons. In those establishments
where steam rooms or sauna baths are provided,
if male and female patrons are to be served
simultaneously, separate steam rooms or sauna
rooms shall be provided for male and female
patrons. Hot and cold running water under
pressure shall be provided to all wash basins,
bathtubs, showers, and similar equipment.
Each wash basin shall be provided with soap or
detergent and sanitary towels placed in
permanently-installed dispensers. A trash
receptacle shall be provided in each toilet
room. In addition to the wash basin provided
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to patrons, a minimum of one separate wash
basin shall be provided for each massage
establishment which shall be located within or
as close as practicable to the area devoted to
the performing of massage services.
I. Minimum ventilation shall be provided in
accordance with the building regulations of
the city of Azusa. A light level of no less
than 10 foot candles shall be maintained in
public rooms, walkways, and at any point
within each room or disclosure where massage
services are performed at all times that
services are being provided.
J. All walls, ceilings, floors, pools, showers,
bathtubs, wet and dry heat rooms, steam or
vapor rooms, tables, and all physical facil-
ities shall be in good repair and maintained
in a clean and sanitary condition. Wet and
dry heat rooms, steam or vapor rooms or
cabinets, showers, compartments, and toilet
rooms shall be thoroughly cleaned at least
once each day the business is in operation.
Bathtubs shall be thoroughly cleaned after
each use.
K. Clean and sanitary towels, sheets, and linens
shall be provided for each patron of the
establishment or each patron receiving massage
services. No common use of towels, sheets, or
linens shall be permitted. Towels, sheets,
and linens shall be provided in sufficient
quantity and shall not be used by more than
one person unless they have first been
relaundered. Heavy white paper may be
substituted for sheets provided that such
paper is used once for each person, then
discarded into a sanitary receptacle.
Separately-closed cabinets or. containers shall
be provided for the storage of clean and
soiled linen and shall be plainly marked
"clean linen" and "soiled linen. "
L. Disinfecting agents and sterilizing equipment
approved by the Health Department shall be
provided for any instruments used in
performing massage. No massage technician
shall administer any massage with instruments
that have not been disinfected and sterilized
after the previous use.
M. Pads used on massage tables shall be covered
in a durable, washable, plastic or other
waterproof material acceptable to the Health
Department.
N. An all-exterior door shall be unlocked from
the interior side during business hours.
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0. A separate locker, capable of being locked,
shall be provided at no extra charge for each
patron served.
P. No person shall enter, be, or remain in, any
part of the premises of a massage business
while in the possession of, consuming, or
using any alcoholic beverage or controlled
substance. The owner, operator, responsible
managing officer, manager, or permittee shall
not permit any such person to enter or remain
upon the premises.
Q. No massage business shall operate as a school
of massage, nor operate in the same location,
nor 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.
R. No permittee, employee or patron shall, while
on the premises and in the presence of any
other person, expose genitals, buttocks, or
female breast.
S. No permittee, employee or patron shall, while
on the premises, make physical contact with
the genitals, buttocks, anus, or female breast
of another person.
8.08.050 Off-Premises Massage Business.
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 of Azusa without
a massage permit duly issued by the City
Council pursuant to this chapter with an off-
premises endorsement. The required permit
shall be in addition to any other license or
permit required by this code.
B. Permit application shall be made in accordance
with the requirements of Section 8.08.030 of
this code. Permits shall be issued in the
same manner as provided for in Section
8.08.040 of this code.
C. In addition to the regulations set forth in
Section 8.08.040 of this code, each off-
premises massage business must comply with the
following additional requirements.
1. The owner, operator, responsible managing
officer, manager, or permittee, shall
display the permit issued therefor and a
true and correct copy of the permit of
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each massage technician employed by the
business to every customer who so
requests.
2. No person operating an off-premises
massage business shall employ or allow a
person to act as an off-premises massage
technician unless such person has a valid
massage technician permit endorsed by the
Chief of Police for off-premises massage.
3. No person operating an off-premises
massage business shall assist, allow, or
permit any massage technician to perform
any massage in a hotel, motel, or commer-
cial establishment that does not have a
massage business permit unless the
commercial establishment is the business
premises of the customer.
8.08.060 Massage Technicians - Permit Required. No
person shall engage in the business of acting as a massage
technician unless he or she holds a valid permit issued by
the Chief of Police.
8.08.070 Massage Technician - Application.
Applications for a massage technician permit shall be made
to the Chief of Police on forms provided by him. The
application shall include or be accompanied by the following
information.
A. All of the information set forth in
Subsections A through L of Section 8.08.030 of
this code.
B. A certificate from a medical doctor licensed
to practice in the State of California issued
not more than 30 days prior to the date of the
application, that certifies that the applicant
has been examined and has no communicable
diseases.
C. A certificate or other form of written proof
that the applicant has taken and passed the
massage technician' s test administered by the
Health Department.
Applications which lack any of the information required in
this section shall be deemed incomplete and shall be
disapproved by the Chief of Police.
8.08.080 Off-Premises Technician - Permit Required;
Operating Requirements.
A. No person shall engage in the business of an
off-premises massage technician unless such
person holds a valid massage technician' s
permit issued by the Chief of Police, endorsed
for off-premises work. A massage technician' s
permit shall be endorsed by the Chief of
Police for off-premise work upon application
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by the permittee, provided the permit is
valid, and there are no pending proceedings
for its revocation or suspension.
B. No person holding a massage technician' s
permit endorsed for off-premises work shall
perform any massage service in a hotel, motel,
or in any commercial establishment other than
a premises holding a valid massage permit or
the business premises of the customer. Each
off-premises massage technician shall display
the permit to any customer who requests it.
Upon any change of employers, the permittee
shall inform the Chief of Police within ten
working days.
8.08.090 Annual Medical Certificate. Each massage
technician shall annually, at the time of renewal of his or
her permit, supply the Chief of Police with a new medical
certificate as required by Section 8.08.070 (B) of this
code.
8.08.100 Baths - Permit Required; Operating
Requirements.
A. No person shall engage in, manage or conduct,
or operate a "bath" business without a written
permit from the Chief of Police.
B. The health and sanitation regulations set
forth in Section 8.08.040 of this code shall
apply to the premises upon which any bath
business is conducted. No person shall be
permitted to work in a bath business in any
capacity that would require such person to
touch the body of another unless the premises
has a permit to operate a massage business and
the employee is in possession of a bath and
massage technician' s permit. No person under
18 years of age shall be permitted to work on
the premises.
8.08.110 Exemptions. This chapter shall not apply
to any business operated by, or treatment administered in
good faith in the course of any healing art or profession by
any person licensed or permitted to practice any such art or
profession under the provisions of the Business and
Professions Code of the State of California, or any other
law of this state.
8.08.120 Fees. Fees for processing applications
for permits under this chapter shall be set by resolution of
the City Council of the City of Azusa and shall encompass
the cost for the time spent for processing said applica-
tions.
8.08.130 Action on Permits. The Chief of Police
may approve, conditionally approve or deny the permits
required by this Chapter based upon the applicant 's
compliance or noncompliance with the requirements for the
permit. If the permit is denied the Chief of Police shall
state in writing the reasons for the denial. An applicant
may appeal a denial or conditional approval to the City
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Council by filing a written notice of appeal with the City
Clerk within ten (10) business days following the Chief 's
action. The City Council shall hold a hearing on the appeal
in accordance with the procedures of Section 8.08.140 except
that the time limit for the appeal hearing shall commence
from the date of the appeal.
8.08.140 Revocation.
A. Upon a written finding that the holder of any
permit issued pursuant to this section has
violated any provisions of this Chapter,
committed any of the acts described in Section
8.08.030, or has violated any other law or
ordinance related to the operation of the
business, the Chief of Police may revoke,
suspend for a period not to exceed six (6)
months, or impose additional conditions on the
permit as he deems appropriate given the
violations proven.
B. The Chief shall serve the findings and
decision upon the permittee personally or by
certified mail. The permittee may appeal the
Chief 's decision to the City Council by filing
a written notice of appeal with the City Clerk
stating the reasons for the appeal within ten
(10) business days of personal service or
three (3) business days following deposit of
the notice into the custody of the U.S. Postal
Service. Filing a notice of appeal shall
suspend the Chief' s action until the City
Council has acted on the appeal.
C. The Council shall make its decision following
a hearing held not less than fifteen (15) nor
more than forty (40) days following filing of
the notice of appeal. The Council may elect
to have evidence on the appeal taken by a
hearing officer . In such case, the Council
shall appoint a qualified hearing officer who
shall take evidence on the appeal in accor-
dance with any council rules for the conduct
of appeal hearings. The hearing officer shall
cause the hearing to be recorded by a
certified court reporter and, following the
close of the hearing, shall prepare findings
of fact. The verbatim transcript of the
hearing, any evidence submitted and the
hearing officer ' s findings of fact shall be
furnished to the members of the council for
their review. The Chief of Police and the
permittee may make arguments to the Council
based upon the evidence taken before the
hearing officer. The Council shall make its
decision on the appeal based upon the trans-
cript of the testimony presented to the
hearing officer, the evidence submitted, and
accepted by the Council, the hearing officer ' s
findings of fact and any arguments submitted
by the Chief of Police or the permittee. The
Council ' s decision shall be made by resolu-
tion.
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D. The City Council may, by resolution, establish
procedures for the conduct of the hearings.
8.08.150 Findings.
The City Council hereby finds, determines and
declares that this Chapter is enacted for the purpose of
protecting the health, safety and welfare of the citizens
within the community. The Council recognizes that massage
is a legitimate business activity, but if not properly
regulated there exists significant risk of unlawful
activity, and the spread of infectious disease. The Chapter
carefully balances the preservation of massage business
against the need to reduce the risk of unlawful activity
occurring at a massage business and the need to reduce the
spread of infectious disease by imposing educational
requirements on massage technicians and imposing minimum
requirements for sanitary conditions. This Chapter is
authorized by the provisions of Government Code Section
51030, et seq. , and other applicable law.
SECTION 3. The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be
published as required by law.
PASSED AND APPROVED this 16th day of February
1988.
d/; 1171.201.14,1c..,
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa,
do hereby certify that the foregoing Ordinance No.
was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 1st day of
February , 1988. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City
Council on the 16th day of February , 1988, by the
following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
�r 'TY
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