This chapter's purpose is to:

A. Enhance the professionalism of the massage service industry by:

1. Regulating the business of massage within the city,

2. Establishing minimum qualifications for entering the massage profession, and

3. Disciplining massage practitioners and establishments that violate the law;

B. Deter criminal activity;

C. Preserve this community's quality of life; and

D. Protect the public's health, safety, welfare and peace. (Ord. 5463 § 2 (part), 2005)

The city council finds, determines and declares that:

A. California Government Code Sections 51030 to 51034 allow the city to license and regulate the business of massage;

B. Massage is a viable professional field, offering the public valuable health and therapeutic services;

C. Unless properly regulated, the practice of massage and the operation of massage establishments in this city, as in other cities, have been associated with unlawful or criminal activity, including prostitution, public in-decency, and use of narcotics or illegal drugs, all of which pose a threat to the community's health, safety, welfare and quality of life; and

D. Therefore, not only licensing massage establishments and massage technicians, but also establishing minimum educational or experience requirements for massage technicians are necessary acts to protect Glen-dale's citizens. (Ord. 5463 § 2 (part), 2005)

For the purpose of this chapter, the following words and phrases have the meanings ascribed to them, unless otherwise noted:

"Adult day care facility" means an establishment or facility that provides nonmedical care and supervision to a person who is eighteen (18) years of age or older, where the care is provided for periods of less than twenty-four (24) hours per day.

"Beautician" means a barber, cosmetologist, manicurist, pedicurist, electrologist or esthetician, licensed under California's Barbering and Cosmetology Act (Business and Professions Code, Chapter 10, Sections 7301 to 7426.5, or any successor legislation) who, while fully clothed, gives or performs a massage only on the scalp, face, neck, shoulder, arm, hand, leg (below the knee), ankle, or foot of a patron, who is fully clothed, for a cosmetic or beautifying purpose.

"Bona fide nonprofit organization" means a fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular membership association whose:

1. Purpose is primarily for mutual social, intellectual, athletic, political, civic welfare, or a similar purpose;

2. Admission is limited to its members and guests;

3. Revenue, which accrues from its membership, is used exclusively for the benevolent purposes of the organization; and

4. Organization is exempt from taxation under the Internal Revenue laws of the United States as a fraternal, charitable, religious, benevolent or nonprofit organization.

"Chair massage" means a massage by a person, who is fully clothed, of the scalp, face, neck, shoulder, back area (above the waist), arm, or hand of another person, who is fully clothed and who is seated in a chair, during which the massage:

1. Is equally available to, and is in full view of, other customers, patrons, clients, participants, members or guests; and

2. Occurs while the establishment, facility, office, premises, or location is ordinarily open for business or admission.

"Conviction" or "convicted" means:

1. A plea of guilty;

2. A verdict of guilty by a judge or jury; or

3. A plea of nolo contendere.

"Disqualifying conduct" means a person who:

1. Is under the age of eighteen (18) years;

2. Must register as a sex offender under California Penal Code Section 290, or any successor legislation;

3. Is subject to a permanent injunction against maintaining or operating a nuisance under California Penal Code Sections 11225 to 11235, or any successor legislation;

4. When submitting an application to renew a permit, would be ineligible to receive an initial permit for the first time under this chapter; or

5. Within five (5) years before the date of the application for an initial permit or renewal permit under this chapter, or within five (5) years before the date of the city's notice of intent to suspend, revoke, restrict, or impose new or additional conditions on a permit issued under this chapter:

a. Had a permit or license, for giving massages or operating a massage establishment, or both, denied, suspended, restricted or revoked by a city, county, state or government agency,

b. Voluntarily surrendered a permit or license for giving massages, or operating a massage establishment or both, or

c. Was convicted in a court of competent jurisdiction of:

i. Any one (1) or more of the following offenses, as proscribed in the corresponding statute, or any successor legislation:

(A) California Penal Code Section:

(1) 266(h) [Pimping],

(2) 266(i) [Pandering],

(3) 314 [Indecent exposure],

(4) 315 [Keeping or residing in a house of ill-fame],

(5) 316 [Keeping a disorderly house or a house for prostitution],

(6) 318 [Prevailing upon a person to visit a place of illegal gambling or prostitution],

(7) 647(a) [Engaging in lewd and dissolute conduct],

(8) 647(b) [Engaging in prostitution], or

(B) California Health and Safety Code:

(1) 11054 [Sale of controlled substances--Schedule I],

(2) 11055 [Sale of controlled substances--Schedule II],

(3) 11056 [Sale of controlled substances--Schedule III],

(4) 11057 [Sale of controlled substances--Schedule IV],

(5) 11058 [Sale of controlled substances--Schedule V];

ii. An offense committed in another state which, if it were committed or attempted in California, would have been punishable as one (1) or more of the offenses set forth in subsection 5(c)(i) of this section;

iii. A misdemeanor or felony offense that:

(A) Involves:

(1) Theft, fraud, dishonesty, or receiving or possessing stolen property,

(2) Use of force or violence upon another person, or

(3) Sexual battery, or sexual misconduct with a child.

(B) Substantially relates to:

(1) The qualifications, functions, duties, or practice of a massage technician, or

(2) The operation or business of a massage establishment; or

iv. A felony, the commission of which occurred at a massage establishment.

"Employee" means a person, other than a massage technician, whom a permit holder employs, hires, or uses to perform any service at a massage establishment on a full-time, part-time, paid, unpaid or contract basis, regardless of whether the person is designated as an employee, independent contractor or otherwise.

"Fitness facility" means a health club, athletic facility, personal fitness center, gymnasium, country club, weight loss clinic, or weight reducing salon.

"Fully clothed" means clothing or material which is opaque and which completely covers a person from the base of the neck down to a point not to exceed four (4) inches above the center of the knee cap.

"Full nudity or semi-nudity" means:

1. The showing or displaying of a specified anatomical area, or any portion of it; or

2. A state of undress in which a specified anatomical area, or any portion of it, is exposed with less than a full opaque covering.

"Health care facility" means a clinic or a health facility that is licensed, or is exempt from licensure, under California Health and Safety Code Sections 1204, 1206 and 1250, or any successor legislation.

"Immediate family member" means the following persons who are related by blood, marriage or adoption: parent, grandparent, spouse, child, grandchild, brother or sister.

"Incidental" means:

1. The gross annual revenue derived from an establishment's or a facility's offering, giving, or allowing one (1) or more massages totals fifteen (15) percent or less, as reflected in a financial statement that:

a. An independent certified public accountant has certified as true and correct;

b. The establishment or facility shall submit to the city clerk for the city manager's approval; and

2. The floor space, location, or area used for offering, giving, or allowing one (1) or more massages measures the following amount, whichever is smaller:

a. Two hundred fifty (250) square feet or less; or

b. Fifteen (15) percent or less of the establishment's or facility's total floor space, location or area.

"Massage" means any method of treating the human body's external parts for relaxation, restoring or enhancing an individual's well-being, or another remedial or hygienic purpose, whether by rubbing, stroking, kneading, pounding, tapping, vibrating, stimulating, or using pressure on or friction against, the body's exterior, with or without the aid of any one (1) or more of the following:

1. Another person's hand, foot, elbow or body part;

2. An instrument, tool, appliance, or device that mimics or enhances the action of the hand;

3. Water, rubbing alcohol, liniment, antiseptic, oil, lubricant, salt scrub, powder, cream, lotion, ointment or another topical preparation; or

4. Heat or cold, including a bath, shower, steam or vapor room, dry heat room, heat lamp, tanning lamp, fomentation or similar treatment.

"Massage establishment":

1. Means all or any part of a building, facility, premises, vehicle, place or location where:

a. A person engages in, conducts, or carries on a business of giving a massage; or

b. A person, other than a patron receiving a massage, allows or permits another person to engage in, con-duct, or carry on a business of giving a massage.

2. Does not include:

a. A health care facility;

b. A bona fide nonprofit organization;

c. A recognized school;

d. An establishment, facility, premises or location where:

i. A medical practitioner, registered nurse, beautician, coach or trainer, who meets the three (3) conditions under Section 5.64.200(A) of this chapter--gives or performs a massage,

ii. A person gives or performs a chair massage,

iii. A person gives or performs a special event massage.

e. An establishment, facility, premises, or location listed in subsections (2)(e)(iii)(A) to (C) below, when it meets all three (3) of the following conditions:

i. A massage technician, who has a current and valid permit under this chapter, gives or performs a ma s-sage on-site;

ii. A massage is incidental to its business, function, operation or service; and

iii. It does not hold itself out to the public as a massage establishment:

(A) A fitness facility,

(B) A sleep disorder center,

(C) An adult day care facility.

"Massage technician" means an individual who, for hire, compensation, gratuity, reward, or any form of consideration, gives or performs a massage on another individual.

"Medical practitioner" means a physician, surgeon, chiropractor, podiatrist, osteopath, acupuncturist, physical therapist, or another person licensed under California's Medical Practice Act (Business and Professions Code, Chapter 5, Sections 2000 to 2521, or any successor legislation), and a person working directly under the medical practitioner's control and supervision.

"Operations manager" means the person whom the permit holder designates as the permit holder's representative and agent to manage a massage establishment's day-to-day operations, including, but not limited to, taking responsibility for one (1) or more of the following obligations:

1. Hiring, disciplining, discharging, supervising, directing, or assigning work to a massage technician, an employee or both; or

2. Ensuring that a massage technician, an employee, and the massage establishment complies with this chapter's provisions and all laws.

"Patron" means the individual who receives a massage.

"Permit holder" means the person to whom the city issues a massage technician permit, or a massage establishment permit or both, under this chapter.

"Person":

1. Means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or entity however organized;

2. Includes a massage technician.

"Recognized school":

1. Means a school or educational institution, public or private, postsecondary or vocational, which:

a. Teaches the method, profession, or work of massage, and related subjects, including anatomy, physiology, hygiene, law and ethics;

b. Requires a student to successfully complete inclass technical instruction, practical training, and a course of study of not less than one hundred fifty (150) hours, before the student is eligible for a diploma or certificate of graduation; and

c. Is established, operated and governed by the federal government or by this state, or its political subdivisions; or

d. Is licensed, approved, registered, certified, accredited or recognized by:

i. This state or its political subdivisions,

ii. The United States Department of Education or another federal agency, or

iii. An accrediting agency or association included in a list that the United States Secretary of Education publishes under the requirements of the Higher Education Act of 1965, as amended (20 U.S.C. Section 1001, or any successor legislation).

2. Does not include a school that offers a correspondence course which does not require actual attendance of class.

"Registered nurse" means a nurse licensed under California's Nursing Practice Act (Business and Professions Code, Chapter 6, Sections 2700 to 2838.4, or any successor legislation).

"Sexual conduct" has the same meaning as that term is defined in California Penal Code Section 311.3(b), or any successor legislation.

"Sleep disorder center" means a medical facility, clinic or laboratory, under the supervision, direction or control of a California licensed physician, for diagnosing, evaluating, or treating sleep related disorders.

"Special event massage" means a massage by a person, who is fully clothed, of the scalp, face, neck, shoulder, back area (above the waist), arm, hand, knee, leg (below the knee), ankle, or foot of another person, who is fully clothed, and which meets all four (4) conditions below:

1. The massage is equally available to, and is in full view of, other participants, players, spectators, guests, residents, or members of the public who are at an athletic, recreational, community, civic or special event, that is open to the public, including:

a. An athletic competition,

b. A bicycle or runner's marathon,

c. A health fair, or

d. A festival;

2. The event occurs two (2) or less times per calendar year;

3. The massage occurs while the event is ordinarily open for business or admission; and

4. The person giving or providing a massage:

a. Is not a sponsor of the event, and

b. Has received written approval from the event's sponsor or sponsors to offer massages at the event.

"Specified anatomical area" means:

1. A man's or woman's genitals, pubic region, anus or perineum; or

2. A woman's breast, including the areola and nipple. (Ord. 5463 § 2 (part), 2005)

A. No person shall operate or maintain a massage establishment, unless the person first obtains a massage establishment permit under this chapter's provisions.

B. No person shall give or perform a massage, unless the person first obtains a massage technician permit under this chapter's provisions. (Ord. 5463 § 2 (part), 2005)

A. A person desiring a permit to operate or maintain a massage establishment, or to give or perform a massage, or to do both, shall:

1. File an application form and a personal affidavit form with the city clerk;

2. Certify on each form, under penalty of perjury, that all facts, information, and statements are true, accurate and correct. If the applicant is:

a. An individual, the same individual shall sign the application,

b. A corporation, an officer shall sign the application,

c. A partnership or limited partnership, a partner shall sign the application, or

d. A limited liability company or other business organization, a member, manager, or chief executive officer shall sign the application;

3. Pay a nonrefundable permit application-investigation fee to the city clerk;

4. Pay a nonrefundable business license fee, as set forth in Section 5.08.340 of this code, to the city clerk, upon the application's approval; and

5. Pay any other fee, or furnish any other information or document, which this chapter requires.

B. The city clerk shall not accept an application for a permit under this chapter, unless the applicant pays in full the fee specified in Section 5.64.050(A)(3) of this section when the applicant submits the application to the city clerk.

C. By resolution, the city council shall establish or modify the fees for services provided under this chapter. The fee schedule will remain on file, and will be available for inspection, in the city clerk's office. At least once annually, the city clerk shall review the fees charged for the services and, with the city manager's approval, shall recommend changes to the council when the costs for those services make it appropriate.

D. An applicant for a massage establishment permit shall submit the following information and items:

1. The applicant's full name, present address (residential and business), and telephone number (residential and business);

2. The applicant's last two (2) addresses (residential and business) before the applicant's present address;

3. The applicant's California drivers' license number or California identification number;

4. Whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, or another form of business organization:

a. If the applicant is a corporation:

i. The corporation's:

(A) Full name, as shown in its charter or in its articles or certificate of incorporation, and any fictitious names under which it operates or exists,

(B) State of incorporation, and

(C) Date of incorporation.

ii. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each:

(A) Officer,

(B) Director, and

(C) Shareholder who owns more than ten (10) percent of the stock in that corporation, and the corresponding amount of stock owned.

iii. The corporation's current legal status or authorization, with the state of incorporation, to transact business (including, but not limited to: in good standing, suspended, restricted or revoked), and

iv. The applicant shall attach a true, correct copy of the corporation's charter, or articles or certificate of incorporation, showing the file stamp or seal of the state of incorporation.

b. If the applicant is a partnership or limited partnership:

i. The partnership's or limited partnership's:

(A) Full name, and any fictitious names under which it operates or exists,

(B) State of filing or registration,

(C) Date of creation.

ii. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each partner and limited partner, and the amount of each one's corresponding partnership or limited partnership interest, percentage, or share in the partnership or the limited partnership,

iii. The partnership's or limited partnership's legal status or authorization, with the state of filing or registration, to transact business (including, but not limited to: in good standing, suspended, restricted or revoked), and

iv. The applicant shall attach a true, correct copy of the partnership or limited partnership agreement, showing the file stamp or seal of the state of filing or registration, or

c. If the applicant is a limited liability company or another form of business organization:

i. The limited liability company's or the business organization's full name, and any fictitious names under which it operates or exists,

ii. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each member, manager, or chief executive officer, and the amount of each one's correspond-in ownership or controlling interest, percentage, or share in the limited liability company or the business organization,

iii. The limited liability company's or the business organization's legal status or authorization, with the state of organization or registration, to transact business (including, but not limited to: in good standing, suspended, restricted or revoked), and

iv. The applicant shall attach a true, correct copy of the limited liability company's or the business organization's articles of organization or registration, showing the file stamp or seal of the state of organization or registration.

d. If one (1) or more of the partners, limited partners, or members or managers of a limited liability company are a corporation, the applicant shall provide the same information about the corporation, as required in subsection (D)(4)(a) of this section.

5. The full name of the business under which the applicant will operate;

6. Date of birth, and written proof that the applicant is over the age of eighteen (18) years;

7. The applicant's height, weight, color of eyes and hair;

8. Two (2) portrait photographs of the applicant, measuring at least two (2) inches by two (2) inches;

9. A current, full set of the applicant's fingerprints, upon an initial application and then afterwards every three (3) years;

10. The applicant's business, occupation, or employment for the last three (3) years before the date of the application;

11. The applicant's current and prior permits, including licenses, to operate or maintain a massage establishment, or to give or perform a massage, or to do both, including:

a. The city, county, state, or government agency that issued the permit or license, and the issuance date,

b. If the permit or license was ever denied, suspended, restricted or revoked, the date of, and the reason for, its denial, suspension, restriction or revocation, and

c. The applicant's business, occupation, or employment after the permit's or license's denial, suspension, restriction or revocation;

12. All of the applicant's felony and misdemeanor convictions and the reasons for them;

13. Written statements, from at least five (5) bona fide residents of the city, that the applicant is of good moral character;

14. Authorization for the city, its officers, agents, employees, and representatives to not only investigate and verify the information in the application and its accompanying documents, but also seek additional information, including, but not limited to: criminal history, moral character, other jurisdictions' licenses and discipline, financial background, employment history and health records;

15. The applicant's education, training, experience, or expertise in operating or maintaining a massage establishment, or giving or performing a massage, or both;

16. The full name, present address (residential and business), telephone number (residential and business), and date of birth of the person who will serve as the massage establishment's operations manager;

17. The full name, present address (residential and business), telephone number (residential and business), date of birth, and city permit number of each massage technician whom the applicant will employ, hire, or use at the massage establishment;

18. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each person, other than a massage technician, whom the applicant will employ, hire, or use at the massage establishment; and

19. The full name, present address, and telephone number of the owner and lessor of the real property upon which the massage establishment will operate. If the applicant is not the property's legal owner, the applicant shall attach a true, correct copy of the lease and a notarized statement from the property's owner, acknowledging that a massage establishment will be located on the owner's property.

E. An applicant for a massage technician permit shall submit the following information and items:

1. All information and items required under subsections (D)(l) to (14) of this section;

2. A certificate from a medical doctor stating that within the past thirty (30) days, the doctor has physically examined and tested the applicant for contagious and communicable diseases, including tuberculosis, and the doctor has determined that the applicant is free of any contagious or communicable disease; and

3. Written proof that the applicant meets this chapter's minimum education and training standards or, alternatively, minimum number of years of experience in giving a massage:

a. A copy of the applicant's diploma, certificate of graduation, or transcript (certified by, and sent directly from, a recognized school), as evidence that the applicant has successfully completed the minimum curricula, instruction, and training requirements which are set forth in the definition of a recognized school under Section 5.64.030 of this chapter, or

b. A copy of tax returns, paychecks, licenses, or other documents, as evidence that the applicant has ten (10) years or more of actual experience in giving a massage.

F. The city may require, and the applicant shall furnish, other information or items that the city deems necessary or appropriate for its conducting a background investigation of the applicant; verifying the truthfulness, accuracy, or correctness of the information provided by the applicant; or determining whether the applicant is qualified under this chapter to receive a permit.

G. The applicant and permit holder:

1. Have a continuing duty to disclose to the city any change in the information supplied in the application; and

2. Shall give the city clerk written notice within ten (10) days of that change. (Ord. 5463 § 2 (part), 2005)

A. For review of the completed application, investigation of the applicant's background, or inspection of the proposed massage establishment, the city clerk shall refer the application to:

1. City departments or sections, including, but not limited to: police, fire, building and safety, planning and traffic engineering; and

2. The Glendale Redevelopment Agency.

B. A representative from building and safety, fire and the Los Angeles County Department of Health Services shall individually:

1. Inspect the premises of the proposed massage establishment; and

2. Report whether the massage establishment complies with applicable laws, codes and regulations.

C. As part of its investigation of the applicant under this section, the police department may further do any one (1) or more of the following:

1. Require or take additional photographs of the applicant;

2. Confirm the applicant's height or weight; or

3. Verify that the applicant had successfully completed the academic requirements of a recognized school or had actually attended classes for the minimum hours of technical instruction and practical training that this chapter requires.

D. Within sixty (60) days after the city clerk receives the completed application, the city departments reviewing the application and the Glendale Redevelopment Agency shall recommend to the city manager whether to approve the application, approve the application with conditions, or deny the application.

E. During the period in which a completed application for a massage establishment permit is under investigation and review, if the applicant also seeks from the city, or one (1) of its boards or commissions, discretionary approval for the massage establishment (including, but not limited to, a conditional use permit, a variance, or design review board approval), the time that it may take the city, or one (1) of its boards or commissions, to review, process, or decide on the application for discretionary approval will not count toward the sixty (60) day period provided in subsection D of this section, and the city clerk shall toll the sixty (60) day period during which the application for discretionary approval is pending. (Ord. 5463 § 2 (part), 2005)

The city manager may consider any one (1) or more of the following criteria, factors, or circumstances in denying an application for a permit under this chapter; or in declining to renew, suspending, revoking, restricting, or imposing new or additional conditions on a permit issued under this chapter:

A. An application:

1. Contains false, misleading or fraudulent information;

2. Is incomplete, or omits required information or a required document;

B. An applicant or a permit holder:

1. Fails to:

a. Submit written proof that the applicant meets this chapter's minimum education and training standards or, alternatively, minimum number of years of experience in giving a massage,

b. Obtain the minimum hours of technical instruction and practical training from a recognized school,

c. Pass an examination required by the city manager under Section 5.64.080(A)(2) of this chapter;

2. Is ineligible for a permit because of disqualifying conduct;

3. Gives a massage, or operates a massage establishment, or both, under a false or assumed name;

4. Violates, or does not comply with, one (1) or more:

a. Conditions of a permit issued under this chapter, or conditions of a discretionary approval from the city for operating a massage establishment,

b. Provisions of this chapter, or

c. Applicable (city, county, state or federal) laws, rules or regulations;

5. Allows or permits a person, who does not have a valid, current massage technician license, to give or perform a massage;

6. Engages in, or allows or permits a massage technician or employee to engage in, an act of solicitation or prostitution;

7. Is a corporation, partnership, limited partnership, limited liability company, or another business entity that:

a. Cannot lawfully transact business in California, or is not lawfully licensed or registered to do business in California, or

b. Has one (1) or more officers or directors, partners or limited partners, or members or managers who are ineligible to receive a permit:

i. Because of disqualifying conduct, or

ii. For any reason that makes an individual applicant ineligible to receive a massage establishment permit under this chapter;

8. Procures a permit under this chapter by fraud, misrepresentation, deception or mistake;

9. Transfers or assigns, or attempts to transfer or assign, a permit issued under this chapter; or

10. Gives a massage or operates a massage establishment after the city suspended the massage technician permit or the massage establishment permit.

C. Operating a massage establishment at the proposed or existing location, or the conduct or activity of a massage technician, or both:

1. Violates, or does not comply with, one (1) or more:

a. Provisions of this chapter, or

b. Applicable (city, county, state or federal) laws, rules or regulations;

2. Creates or constitutes a public nuisance; or

3. Is injurious to the public's health, safety, welfare or peace. (Ord. 5463 § 2 (part), 2005)

A. Within thirty (30) days after the city manager receives the completed application for a permit and the recommendations from the city departments and the Glendale Redevelopment Agency, the city manager:

1. Shall consider the recommendations of city and other officials investigating the application, along with any other relevant information;

2. May require the applicant to pass an evaluation by a person, or a panel of persons, with special knowledge, skill, experience, training, or education sufficiently qualifying the person as an expert, or the panel as ex-pert's, in massage. The city manager shall select the person, or persons comprising the panel, to conduct the evaluation; and

3. Shall approve the application, approve the application with conditions, or deny the application based on any one (1) or more of the grounds specified in Section 5.64.070 of this chapter.

B. If the city manager:

1. Grants the application, with or without conditions, the permit:

a. Is valid for one (1) year after its issuance date;

b. Must be renewed in accordance with Section 5.64.110 of this chapter; and

c. Is in addition to any other permit or license that this code or the law requires.

2. Denies the application, the city clerk shall notify the applicant of the denial in writing and shall state the reason or reasons for the denial.

3. Fails to approve the application, to approve the application with conditions, or to deny the application within the thirty (30) day time period, the application is neither automatically approved nor deemed approved.

C. In addition to approving an application, with or without conditions, or denying an application, the city manager may prepare, adopt, amend and enforce rules, regulations or procedures for giving a massage and operating a massage establishment.

D. An applicant aggrieved by the city manager's denying the application or imposing conditions as part of the application's approval may appeal to the council within the time and in the manner provided in Chapter 2.88 of this code. (Ord. 5463 § 2 (part), 2005)

A. A permit holder for a massage establishment permit shall display the permit in a conspicuous place in the massage establishment, so that patrons entering the area where they will get the massage can readily see the permit.

B. A permit holder for a massage technician permit shall carry the permit while giving or performing a massage, or while on duty. (Ord. 5463 § 2 (part), 2005)

A. No permit holder shall sell, transfer or assign, or allow a person to sell, transfer or assign a permit issued under this chapter. Upon the sale or transfer of a permit issued under this chapter:

1. The permit is null and void; and

2. The person to whom the permit holder sold or transferred the permit shall apply for a massage technician permit, or a massage establishment permit, or both, in accordance with this chapter's provisions.

B. A change in location, or a change in the name of the person, from that which is shown on a permit requires the permit holder to obtain a new permit.

C. A permit holder shall not operate under a name, or conduct business under a designation, not specified in the permit. (Ord. 5463 § 2 (part), 2005)

A. A permit holder may apply to renew a permit issued under this chapter. No later than sixty (60) days before the permit's expiration date, a permit holder shall pay all fees and shall submit a renewal application in accordance with the same requirements and procedures for submitting an initial application for the first time under Section 5.64.050 of this chapter. When a permit holder submits an application to renew a permit, Sections 5.64.060, 5.64.070 and 5.64.080 of this chapter apply.

B. If a permit holder fails to timely apply for a license renewal, the permit expires and becomes null and void. After a permit has expired, the permit holder shall file an application for a permit as if applying for the first time. (Ord. 5463 § 2 (part), 2005)

A. The city manager may suspend, revoke, restrict, or impose new or additional conditions on a permit is-sued under this chapter based on any one (1) or more of the grounds specified in Section 5.64.070 of this chapter.

B. When the city manager concludes that one (1) or more grounds exist for suspending, revoking, restrict-in, or imposing new or additional conditions on a permit issued under this chapter, the city clerk shall:

1. Notify the permit holder in writing of the city manager's intent to suspend, revoke, restrict, or impose new or additional conditions on the permit;

2. State in the notice to the permit holder:

a. The notice's issuance date,

b. The reason or reasons for the proposed action,

c. The date on which the proposed action will go into effect, and

d. The permit holder's right, within ten (10) days after the notice's issuance date, to request a hearing with the city manager or a person whom the city manager designates; and

3. Give the permit holder the written notice by certified mail, postage prepaid or by personal delivery.

C. The city manager's proposed action to suspend, revoke, restrict, or impose new or additional conditions on the permit will go into effect and will become final action, and a permit holder will waive any appeal to the city council under Chapter 2.88 of this code, if the permit holder fails to do one (1) or more of the following:

1. Request a hearing within ten (10) days after the issuance date listed in the city's written notice to the permit holder of the proposed action on the permit; or

2. Attend the hearing with the city manager or the person whom the city manager designates.

D. Within fifteen (15) days after the hearing date, the city manager shall decide whether to uphold and impose the proposed suspension, revocation, restriction, or imposition of new or additional conditions on the permit. The city clerk shall give the permit holder written notice of the city manager's final decision by certified mail, postage prepaid or by personal delivery.

E. If the city manager suspends, restricts, or revokes a permit under this section, the permit holder shall return that permit to the city clerk within three (3) days after the permit holder receives written notice of the city manager's final decision.

F. In addition to the action that the city manager may take under subsection A of this section, the city manager--at any time and without advance notice or a hearing--may suspend a permit issued under this chapter for a period not exceeding thirty (30) days, when necessary or appropriate to immediately protect the public's health, safety, welfare or peace. The city clerk shall give the permit holder written notice of the suspension under this subsection by certified mail, postage prepaid or by personal delivery.

G. A permit holder aggrieved by the city manager's final decision to suspend, revoke, restrict, or impose new or additional conditions on the permit may appeal to the council within the time and in the manner provided in Chapter 2.88 of this code. (Ord. 5463 § 2 (part), 2005)

A. Facility Requirements. A massage establishment's owner or permit holder shall:

1. Place a sign, which complies with the city's sign law and regulations, at the main entrance's exterior and interior, identifying the establishment as a massage establishment.

2. Provide:

a. Minimum ventilation and lighting for the entire massage establishment, including each enclosed room, cubicle, or booth where a patron receives a massage, in accordance with the city's Building and Safety Code;

b. For a massage technician and an employee: a washbasin, with hot and cold running water, that is separate from the washbasin that a patron uses, soap or detergent, and sanitary towels placed in a permanently installed dispenser or an air dryer, all of which must be located as close as practicable to the room, cubicle, or booth where a patron receives a massage.

c. For a patron who receives a massage:

i. A room, cubicle or booth, fully enclosed and with a door which cannot be locked and which is capable of being opened by any person from either side of the door, with or without a key,

ii. A dressing room, which may be the same room where the patron has the massage,

iii. A locker, cabinet, safe or place, capable of being locked or secured, if the patron requests a secure area to store clothing and personal property,

iv. A stationary or portable massage table. Use of a foam pad measuring more than three (3) feet in width, three (3) feet in length, and four (4) inches in thickness, or a bed, a mattress, or a waterbed is prohibited,

v. Clean and sanitary towels, sheets, linens, and coverings for the head rest of each table. Common use of a towel, sheet, or linen is prohibited, unless it is laundered first,

vi. A toilet, wash basin with hot and cold running water, soap or detergent, and sanitary towels placed in a permanently installed dispenser or air dryer, and

vii. Enclosed cabinets, containers, or receptacles for separately storing clean towels and linens, and separately depositing soiled towels and linens.

3. Maintain all massage rooms, cubicles, walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and other physical facilities in a clean, neat, sanitary and safe condition, and in good repair.

4. Clean and disinfect:

a. An instrument, tool, appliance or device used in performing a massage;

b. A wet and dry heat room, steam or vapor room, steam or vapor cabinet, shower compartment, toilet, and restroom each day the massage establishment operates; and

c. A bathtub after each patron's use.

B. Operational Requirements. A massage establishment's owner or permit holder shall:

1. Have an operations manager on duty during the massage establishment's regular business hours;

2. Provide a patron with an opaque towel, opaque clothing, or opaque material which:

a. Is clean and sanitary, and

b. Completely covers the patron's specified anatomical areas.

3. Accept and process payment for a massage, including a gratuity or tip, only at a designated reception or payment area, other than a room where a patron receives a massage.

4. Post inside, at each entrance and in a conspicuous location, a sign with lettering not less than one-half (1/2) inch in height, stating: "You must pay for massage services, including any voluntary gratuity or tip, only at the designated area for making payments. Any payment made in a massage room or elsewhere on the premises violates the law and is, therefore, prohibited."

5. Not allow or permit:

a. A massage technician to give or perform a massage before seven a.m. (7:00 A.M.) or after ten p.m. (10:00 P.M.) on any day, or if the city specifies restricted hours in the massage establishment permit or in any discretionary approval, allow or permit a massage technician to give or perform a massage before or after the specified time.

b. A monitoring or recording device, capable of capturing audio or video, or both, within a room, cubicle, or booth where a patron receives a massage, disrobes, showers or bathes, uses a steam room or restroom, or is in a state of full nudity or semi-nudity.

c. A person, other than the patron, the massage technician, an immediate family member, or a legal guardian, in the room, cubicle, or booth where and while, a patron receives a massage. (Ord. 5463 § 2 (part), 2005)

A. When a massage establishment's owner, permit holder, or operations manager employs, hires, uses, or contracts or otherwise affiliates with a massage technician:

1. The massage establishment's owner, permit holder, or operations manager shall verify and ensure that a massage technician, while on duty at the massage establishment, holds a current and valid permit under this chapter, before the massage technician gives or performs a massage;

2. The massage establishment's owner, permit holder, and operations manager are jointly responsible for the massage technician's conduct and acts at the massage establishment;

3. A massage technician's act, omission, misconduct, criminal act, or violation of one (1) or more provisions of this chapter is attributable jointly to not only the massage technician, but also the massage establish-met's owner, permit holder, and operations manager; and

4. The fact that the massage establishment's owner, permit holder, or operations manager did not have actual knowledge of a massage technician's act, omission, misconduct, criminal act, or violation of one (1) or more provisions of this chapter is neither a defense nor a mitigating factor in a permit suspension, restriction, revocation or nonrenewal proceeding.

B. While giving or performing a massage, or while on duty, a massage technician shall be:

1. Fully clothed;

2. Neat and clean in appearance; and

3. Courteous and professional.

(Ord. 5463 § 2 (part), 2005)

A. At any time, one (1) or more officials from the city, or from the Los Angeles County Department of Health Services, or from both, may inspect a massage establishment to determine whether the massage establishment, or a massage technician, or both, is complying with this chapter's provisions.

B. A massage establishment's owner, permit holder, operations manager, employee, or massage technician shall allow an official who enforces this chapter's provisions to enter, inspect, examine, photograph, videotape, or audiotape all or any part of the massage establishment. (Ord. 5463 § 2 (part), 2005)

A. A massage establishment's owner, permit holder or operations manager shall:

1. Keep a record, for a period of two (2) years, of the following information:

a. The date and hour that each massage occurs;

b. The patron's full name and complete address;

c. The massage technician's full name and city permit number; and

d. The complete address where a massage technician, while working for or on behalf of the massage establishment, gives a massage off-site from the massage establishment.

2. Allow one (1) or more officials from the city to inspect, examine, audit, photograph, or copy the records that subsection (A)(1) of this section requires, to determine whether the massage establishment's owner, permit holder, or operations manager is complying with the subsection's records and retention requirements.

B. Information furnished or obtained as a result of an inspection under subsection A of this section will remain confidential. Unauthorized disclosure or use of that information by any officer or employee of the city is a misdemeanor, and that person will be subject to this code's penalty provisions, in addition to any other penalty provided by law. (Ord. 5463 § 2 (part), 2005)

A. It is unlawful for:

1. A massage technician, employee, patron or person, while at a massage establishment, to:

a. Expose or fail to conceal a specified anatomical area;

b. Appear in a state of full nudity or semi-nudity;

c. Touch, rub or fondle a specified anatomical area;

d. Give or perform a massage on a specified anatomical area;

e. Engage in sexual conduct;

f. Sell, serve, offer, provide, possess, consume, use, or keep an alcoholic beverage, narcotic or controlled substance.

2. A permit holder to:

a. Employ, hire, or use a person under the age of eighteen (18) years as a massage technician;

b. Give or perform a massage:

i. On a person under the age of eighteen (18) years, unless a parent or a legal guardian is present during the massage,

ii. Under a false or assumed name, or a name not specified in the permit,

iii. After ten p.m. (10:00 P.M.) or before seven a.m. (7:00 A.M.) on any day;

c. Fail or refuse to allow a lawful inspection of a massage establishment;

d. Transfer or assign, or attempt to transfer or assign, a permit issued under this chapter;

e. Permit or allow a person (who is under the permit holder's direction, control or supervision), a massage technician, or an employee to commit an act prohibited in this section or violate a provision of this chapter. (Ord. 5463 § 2 (part), 2005)

A. A massage establishment that is established, operated, conducted, managed or maintained contrary to this chapter is unlawful and is a public nuisance, and the city declares that such conduct is unlawful and is a public nuisance.

B. In addition to, or in place of, prosecuting a criminal action under this chapter, the city attorney may take any one (1) or more lawful steps, including, but not limited to, commencing one (1) or more actions or proceed-ins in the manner provided by law, to:

1. Abate, remove or enjoin the public nuisance;

2. Enjoin a person or persons from establishing, operating, conducting or maintaining a massage establishment contrary to this chapter's provisions; and

3. Recover the city's costs for taking action under this section. (Ord. 5463 § 2 (part), 2005)

This chapter's provisions are applicable to all persons and businesses described in this chapter, whether the activities described in this chapter were established before or after the effective date of the ordinance codified in this chapter. (Ord. 5463 § 2 (part), 2005)

This chapter's provisions do not apply to:

A. The following persons, when they meet all three (3) conditions below:

1. They have a current and valid license to practice or perform their respective profession or occupation;

2. They give or perform a massage only in connection with, and while in the course of, their profession or occupation; and

3. They do not hold themselves out to the public as a massage technician:

a. Medical practitioners,

b. Registered nurses,

c. Beauticians,

d. Coaches or trainers of an athlete or athletic team.

B. Students enrolled in a recognized school, when they practice or perform a massage:

1. On one another, or on a person who pays a nominal fee for the massage or receives it for free;

2. While either on the recognized school's premises or at an off-campus activity, event, or function that the recognized school organizes, arranges, or sponsors; and

3. Under the supervision, direction, or control of an instructor who is present on the premises during the massage.

C. A bona fide nonprofit organization.

D. A person who gives or performs a massage at home on an immediate family member. (Ord. 5463 § 2 (part), 2005)