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. Under its general police power (Cal. Const, art. XI, § 7), California Government Code sections 51030 to 51034, and California Business and Professions Code section 16000, the city may regulate the qualifications and licensing of massage service providers and massage establishments. For many years, the city has regulated not only massage service providers and massage establishments by issuing them permits under Glendale Municipal Code chapter 5.64, but also operational aspects of these individuals and businesses in order to protect the public health, safety, and welfare;

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

C. The State Legislature enacted California's "Massage Therapy Law," which is codified as chapter 10.5 of division 2 of the California Business and Professions Code (sections 4600 to 4620). Among other things, the Massage Therapy Law:

1. Establishes a nonprofit organization, known as the California Massage Therapy Council ("CAMTC"), which is authorized to issue certificates for massage service providers (referred to as "massage practitioners" and "massage therapists");

2. Requires applicants, as a prerequisite to certification, to be at least 18 years ol age, to meet certain educational and professional criteria, and to undergo a criminal history background check;

3. Enables a certificate holder to practice massage anywhere within the state in a manner consistent with the CAMTC certificate and local regulations that do not conflict with the Massage Therapy Law;

4. Allows the CAMTC to take disciplinary action against a certificate holder arrested for, and charged with, certain sexually related crimes or drug offenses;

5. Prohibits a city from requiring certificate holders and their employers to obtain a local permit or license, other than a business license, to practice massage therapy;

6. Pre-empts the application of certain massage operational regulations if a massage establishment employs only individuals certified by the CAMTC;

7. Requires a city to adopt laws and regulations, including land use and zoning requirements, that treat CAMTC certified massage service providers, and massage establishments which employ only CAMTC certified individuals, in the same manner as other individuals and businesses providing professional services within the city; and

8. Permits a city to adopt and enforce reasonable health and safety requirements for massage service providers and massage establishments, if the regulations are consistent with the Massage Therapy Law;

D. Rather than maintaining a separate city permit scheme for massage service providers not certified by the CAMTC, the city will require all massage practitioners and massage therapists to obtain CAMTC certification;

E. Although the Massage Therapy Law establishes minimum qualifications for entering the massage profession, a continued need for city regulation exists because:

1. Massage is a business that involves intimate contact between individuals, which creates opportunities for acts of prostitution and other unlawful sexual activity to occur. In fact, in this city, as in other cities, massage has been associated with unlawful or criminal activity, including prostitution, public indecency, 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

2. A significant risk of injury can occur to massage patrons by improperly trained or insufficiently educated massage service providers. The city has a legitimate interest in providing reasonable safeguards against bodily injury and economic loss to massage patrons;

F. CAMTC's adoption of minimum standards for education, training, and experience to practice massage, and the city's reasonable regulations for the conduct of massage service providers and for the operation of massage establishments, serve to reduce the potential for bodily injury and the risk of unlawful activity;

G. For these reasons, the city desires to amend Glendale Municipal Code chapter 5.64, so that its provisions are consistent with the Massage Therapy Law;

H. The city's massage regulations are intended not only to protect the health, safety, and welfare of the public, but also to ensure that all massage service providers and massage establishments operate safely and legitimately; and

I. This chapter's provisions are not intended to be exclusive. Complying with chapter 5.64 regulations will not excuse a person's noncompliance with federal, state, city, or other local laws or regulations, including zoning regulations, and building, fire, electrical, plumbing, health and safety codes, that uniformly apply to other individuals and businesses providing professional services. (Ord. No. 5751, § 2, 9-13-2011; 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 non-medical care and supervision to an individual who is eighteen (18) years of age or older, where the care is provided for periods or less than twenty-four (24) hours per day.

"Approved school" has the same meaning as that term is defined in California Business and Professions Code section 4600(a), or any successor legislation.

"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.

"CAMTC" means the California Massage Therapy Council, the nonprofit organization that:

1. The state legislature created by enacting California Business and Professions Code Sections 4600 to 4620, or any successor legislation; and

2. Regulates the practice of massage within the state.

"CAMTC certificate" means the certificate, under California Business and Professions Code Section 4601(b) or (c), or any successor legislation, that the CAMTC issues to an individual who:

1. Meets or exceeds the organization's minimum standards for education, training, and experience to practice massage; and

2. Passes fingerprinting and background checks.

"CAMTC certificate renewal" means the CAMTC's re-certification, every two (2) years or for another term that the CAMTC establishes, of a CAMTC massage practitioner or a CAMTC massage therapist.

"CAMTC identification card" means the identification card, issued by the CAMTC, that:

1. Identifies an individual as a CAMTC massage practitioner or a CAMTC massage therapist; and

2. Shows the individual's photograph, name, birth date, CAMTC certificate number, certificate expiration date, and other information that the CAMTC may now or later place on the card.

"CAMTC massage establishment" means a massage establishment that:

1. Only employs or uses one (1) or more CAMTC massage practitioners, or CAMTC massage therapists, or both, to give or perform a massage, and that:

a. Has one (1) or more owners who may, but are not required to, hold a CAMTC certificate or CAMTC certificate renewal; and

b. May have one (1) or more employees; or

2. Has only one (1) individual, a CAMTC massage practitioner or a CAMTC massage therapist, to give or perform a massage, and who:

a. Is the sole owner of the establishment; and

b. Has one (1) or more employees.

"CAMTC massage establishment's owner" means any one (1) or more of the following persons who owns or operates a CAMTC massage establishment:

1. A sole proprietor of a sole proprietorship;

2. A general partner of a general or limited partnership; or

3. A person who:

a. Is a member, manager, or chief executive officer of a limited liability company; or

b. Has a ten (10) percent or greater ownership interest in, or control of:

i. A corporation; or

ii. Another form of business entity.

"CAMTC massage practitioner" means an individual who has a CAMTC certificate under California Business and Professions Code section 601(b), or any successor legislation.

"CAMTC massage therapist" means an individual who has a CAMTC certificate under California Business and Professions Code Section 601(c), or any successor legislation.

"CAMTC sole proprietorship" means a CAMTC massage practitioner or a CAMTC massage therapist who:

1. Owns and operates a massage establishment as a sole proprietorship; and

2. Is the only individual whom that massage establishment employs.

"Chair massage" means a massage by an individual, who is fully clothed, of the scalp, face, neck, shoulder, back area (above the waist), arm, or hand of another individual, 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, area, location, place, or site is ordinarily open for business or admission.

"Compensation" has the same meaning as that term is defined in California Business and Professions Code Section 4600(b), or any successor legislation.

"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 an individual who was convicted in a court of competent jurisdiction of:

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

a. California Penal Code Section:

i. 266(h) [Pimping];

ii. 266(i) [Pandering];

iii. 314 [Indecent exposure];

iv. 315 [Keeping or residing in a house of ill-fame] ;

v. 316 [Keeping a disorderly house or a house for prostitution] ;

vi. 318 [Prevailing upon a person to visit a place of illegal gambling or prostitution];

vii. 647(a) [Engaging in lewd and dissolute conduct];

viii. 647(b) [Engaging in prostitution]; or

b. California Health and Safety Code:

i. 11054 [Sale of controlled substances - Schedule I];

ii. 11055 [Sale of controlled substances - Schedule II];

iii. 11056 [Sale of controlled substances - Schedule III];

iv. 11057 [Sale of controlled substances - Schedule IV];

v. 11058 [Sale of controlled substances - Schedule V];

2. 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 1 above;

3. A misdemeanor or felony offense that:

a. Involves:

i. Theft, fraud, dishonesty, or receiving or possessing stolen property;

ii. Use of force or violence upon another person; or

iii. Sexual battery, or sexual misconduct with a child; or

b. Substantially relates to:

i. The qualifications, functions, duties, or practice of a CAMTC massage practitioner or a CAMTC massage therapist; or

ii. The operation or business of a massage establishment; or

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

"Employee" means a person, other than a CAMTC massage practitioner, or a CAMTC massage therapist, or both, who performs any work or service at a CAMTC 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.

"Employs or uses" means any one (1) or more of the following:

1. An individual to whom a CAMTC massage establishment provides compensation for giving or performing a massage on a patron of the establishment; or

2. An individual whose association with a CAMTC massage establishment is that of an independent contractor who receives compensation for giving or performing a massage on a patron of the establishment; or

3. An individual who :

a. Receives one (1) or more patron referrals from a CAMTC massage establishment; and

b. At any time before or after the referral, arranges in any way for compensation to flow to the establishment, or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or the parties record the compensation in their financial records).

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

"Fully clothed" means clothing or material which is opaque and which completely covers an individual from the base of the neck down to 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 individuals 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; and

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 ell-being, or another remedial or hygienic purpose that is offered, provided, given, or performed:

1. By rubbing, stroking, kneading, pounding, tapping, vibrating, stimulating, or using pressure on or friction against, the body's exterior;

2. With or without the aid of any one (1) or more of the following:

a. Another individual's hand, foot, elbow, or body part;

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

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

d. Heat or cold, including a bath, shower, steam or vapor room, dry heat room, heal lamp, tanning lamp, fomentation, or similar treatment; and

3. For compensation, hire, gratuity, reward, or any form of consideration.

"Massage establishment":

1. Means all or any part of a building, facility, premises, vehicle, area, location, place, or site 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, conduct, 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. An approved school.

d. An establishment, facility, premises, area, location, place, or site where:

i. A medical practitioner, registered nurse, beautician, coach or trainer, who meets the three conditions under section 5.64.130A of this chapter, gives or performs a massage.

ii. An individual gives or performs a chair massage.

iii. An individual gives or performs a special event massage.

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

i. A CAMTC massage practitioner, or a CAMTC therapist, or both, give or perform a massage 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 CAMTC massage establishment:

(A) A fitness facility.

(B) A sleep disorder center.

(C) An adult day care facility.

"Massage registration—CAMTC verification certificate" means the certificate and detachable card that:

1. The city clerk issues to:

a. An individual who is:

i. A CAMTC certified massage practitioner; or

ii. A CAMTC certified massage therapist;

b. A CAMTC sole proprietorship; or

c. A CAMTC massage establishment;

2. Signifies that the person named on it has fulfilled the registration or re-registration requirement under section 5.64.060 of this chapter;

3. Is not a permit or license; and

4. Does not authorize the person to:

a. Conduct a lawful business in an unlawful manner; or

b. Operate the business without complying with all state and local applicable laws.

"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 an individual working directly under the medical practitioner's control and supervision.

"Operations manager" means the individual or individuals whom a CAMTC massage establishment's owner designates as the representative and agent to manage that establishment's day-to-day operations, including, but not limited to, taking responsibility for one or more of the following obligations:

1. Hiring, disciplining, discharging, supervising, directing, or assigning work to a CAMTC massage practitioner, CAMTC massage therapist, or employee; or

2. Ensuring that a CAMTC massage practitioner, CAMTC massage therapist, employee, and that establishment comply with this chapter's provisions and all laws.

"Patron" means the individual who receives a massage.

"Person" means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.

"Registered nurse" means a nurse licensed under California's Nursing Practice Act (Business and Professions Code, Chapter 6, Sections 700 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 an individual, who is fully clothed, of the scalp, face, neck, shoulder, back area (above he waist), arm, hand, knee, leg (below the knee), ankle, or foot of another individual, 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. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2 (part), 2005)

A. An individual who gives or performs a massage shall obtain and maintain:

1. One (1) of the following two (2) CAMTC certifications:

a. CAMTC massage practitioner; or

b. CAMTC massage therapist.

2. A current, active, and valid CAMTC certificate or CAMTC certificate renewal.

B. A person who conducts, operates, maintains, or carries on a massage establishment shall do so only as:

1. A CAMTC sole proprietorship; or

2. A CAMTC massage establishment.

C. While giving or performing a massage, or while on duty, a CAMTC massage practitioner or a CAMTC massage therapist shall:

1. Carry with him or her:

a. The CAMTC certificate or CAMTC certificate renewal, or a legible copy of it; and

b. The CAMTC identification card; and

2. Allow a city official or representative, at any time, to examine and copy one (1) or more of the documents described in subsection C.1.(a) and (b) of this section.

D. A CAMTC massage establishment shall:

1. Display in a conspicuous place within the premises the CAMTC certificate or CAMTC certificate renewal, or a legible copy of it, of each CAMTC massage practitioner and CAMTC massage therapist whom the CAMTC massage establishment employs or uses, so that patrons entering the premises can readily see the document; and

2. Allow a city official or representative, at any time, to examine and copy one (1) or more of the documents described in subsection D.1. of this section.

E. A massage technician permit, which the city issued previously to a massage technician, is valid through the permit's current expiration date. The city will treat that permit, until its expiration, as satisfying the requirement in subsection A of this section. After the permit expires, an individual who gives or performs a massage shall comply with subsection A of this section.

F. A massage establishment permit, which the city issued previously to a massage establishment, is valid through the permit's current expiration date. The city will treat that permit, until its expiration, as satisfying the requirement in subsection B of this section. After the permit expires, a massage establishment that offers or provides a massage shall comply with subsection B of this section.

(Ord. No. 5751, § 2, 9-13-2011; Ord. 5463, § 2(part), 2005)

A. No individual, other than a CAMTC massage practitioner or a CAMTC massage therapist, shall give or perform a massage, unless the individual is exempt from this chapter's provisions under section 5.64.130 of this chapter.

B. No CAMTC massage practitioner or CAMTC massage therapist shall give or perform a massage, unless the individual has a current, active, and valid CAMTC certificate or CAMTC certificate renewal.

C. No person, other than a CAMTC sole proprietorship or a CAMTC massage establishment, shall conduct, operate, maintain, or carry on a massage establishment, unless the person is exempt from this chapter's provisions under section 5.64.130 of this chapter.

(Ord. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2(part), 2005)

A. The following individuals who give or perform a massage, and the following persons who operate or maintain a massage establishment, shall register with the city clerk to obtain a massage registration—CAMTC verification certificate, and shall re-register upon that certificate's expiration:

1. CAMTC massage practitioner.

2. CAMTC massage therapist.

3. CAMTC sole proprietorship.

4. CAMTC massage establishment.

B. An individual or a massage establishment, identified in subsection A of this section, that seeks to register for the first time or to re-register after the initial registration shall comply with the requirements of subsection C of this section, within ten (10) days after the time period listed below, whichever date is later:

1. The issuance date printed on the CAMTC certificate or the CAMTC certificate renewal;

2. The date on which the CAMTC massage practitioner, CAMTC massage therapist, or CAMTC sole proprietorship first gives or performs a massage in the city; or

3. The date on which the CAMTC massage establishment first employs or uses a CAMTC massage practitioner, or a CAMTC massage therapist.

C. The city clerk shall not permit a person identified in subsection A of this section to register or re-register under this chapter, until the registrant has met all of the following conditions:

1. The registrant has completed a registration form, provided by the city clerk, that contains:

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

b. The registrant's California drivers' license number or California identification number;

c. The registrant's status as an employee, independent contractor, sole proprietorship, corporation, partnership, limited partnership, limited liability company, or another form of business entity;

d. The full name of the business under which the registrant operates, the business address, and business telephone number;

e. The full name, present address (residential and business), telephone number (residential and business), CAMTC certificate or CAMTC certificate renewal number, and the certificate's expiration date of each CAMTC massage practitioner, or CAMTC massage therapist, or both, whom the registrant employs or uses at the CAMTC massage establishment;

f. The full name, present address (residential and business), telephone number (residential and business), each person, other than a CAMTC massage practitioner or a CAMTC massage therapist, who work (whether paid or unpaid) at the CAMTC massage establishment; and

g. The full name, present address, and telephone number of the owner or lessor of the real property upon which the CAMTC massage establishment operates;

2. The registrant certifies on the registration form, under penalty of perjury, that all facts, information, and statements are true, accurate, and correct. If the registrant is:

a. An individual, the same individual shall sign the form;

b. A corporation, an officer shall sign the form;

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

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

3. The registrant has paid a nonrefundable registration fee to the city clerk; and

4. The registrant has submitted to the city clerk, for copying and verification, the CAMTC certificate or the CAMTC certificate renewal, and the CAMTC identification card, that are issued to:

a. The registrant, when the registrant is a CAMTC massage practitioner, CAMTC massage therapist, or CAMTC sole proprietorship; or

b. Each CAMTC massage practitioner and CAMTC massage therapist whom the CAMTC massage establishment employs or uses.

D. Although the city will not request or conduct a background check on the registrant, the city may require, and the registrant shall furnish, other information or items that the city deems necessary or appropriate for processing the registration, or verifying the truthfulness, accuracy, or correctness of the information provided by the registrant.

E. After the city clerk has verified with the CAMTC each CAMTC certificate or CAMTC certificate renewal and each CAMTC identification card provided by the registrant, the city clerk shall issue the registrant a massage registration—CAMTC verification certificate, which:

1. Expires on the same expiration date printed on the CAMTC certificate or CAMTC certificate renewal; and

2. Requires the registrant to re-register under this section, on or before the expiration date printed on the massage registration—CAMTC verification certificate, if the registrant will continue to give or perform a massage after that document's expiration date.

F. A registrant who is a CAMTC massage practitioner or a CAMTC massage therapist shall carry the massage registration—CAMTC verification certificate's detachable card with the individual while giving or performing a massage, or while on duty.

G. A CAMTC sole proprietorship or a CAMTC massage establishment shall display the massage registration—CAMTC verification certificate in a conspicuous place within the premises.

H. No CAMTC massage practitioner, CAMTC massage therapist, CAMTC sole proprietorship, CAMTC massage establishment's owner, or operations manager shall refuse to show the massage registration verification certificate, or the detachable card, when requested to do so by a city official or representative.

I. A registrant under this section:

1. Has a continuing duty to disclose to the city any change in the information supplied in the registration form; and

2. Shall file with the city clerk an amended registration form, without having to pay the registration fee specified in subsection C.3. of this section, within ten (10) days of that change.

J. The city clerk may cancel the registration of a CAMTC massage practitioner, CAMTC massage therapist, CAMTC sole proprietorship, or CAMTC massage establishment which registered under this chapter when the city clerk determines, upon a preponderance of evidence, that any one (1) or more of the following situations has occurred:

1. The registration form is incomplete, incorrect, false, inaccurate, misleading, or fraudulent, regardless of whether the registrant intended to furnish the information in that manner;

2. The registrant fails to disclose to the city a change in the information supplied in the registration form; or

3. The CAMTC certificate, or CAMTC certificate renewal, of the registrant, or or a CAMTC massage practitioner or a CAMTC massage therapist whom the CAMTC massage establishment employs or uses, is suspended, revoked, or expired.

K. By resolution, the city council shall establish or modify the fee for registration and re-registration 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 fee charged and, with the city manager's approval, shall recommend that the council revise the fee when a change in the costs of processing the registration and re-registration makes it appropriate.

(Ord. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2(part), 2005)

A. Facility Requirements. A CAMTC sole proprietorship or a CAMTC massage establishment's owner 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 premises as a massage establishment.

2. Give, perform, offer, or provide a massage only between the hours of seven a.m. and ten p.m. on any day.

3. Provide:

a. In accordance with the city's building and safety code:

i. Minimum ventilation and lighting for the entire premises, including each enclosed room, cubicle, or booth where a patron receives a massage; and

ii. One (1) or more water closets, urinals, lavatories, and drinking fountains within the premises.

b. For a patron who receives a massage:

i. An opaque towel, opaque clothing, or opaque material which:

(A) Is clean and sanitary; and

(B) Completely covers the patron's specified anatomical areas;

ii. A stationary or portable massage table or chair that is covered with a durable, washable plastic or waterproof material. 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; and

iii. 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.

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

4. 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.

5. 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 premises is open for business; and

c. A bathtub after each patron's use.

B. Operational Requirements.

1. A CAMTC massage establishment's owner shall:

a. Have an operations manager on duty during regular business hours; and

b. Not allow or permit a CAMTC massage practitioner, or a CAMTC massage therapist, or both, to give or perform a massage before seven a.m. or after ten p.m. on any day.

2. A CAMTC sole proprietorship and a CAMTC massage establishment shall:

a. 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.

b. Post inside each enclosed room, cubicle, or booth where a patron receives a massage, and in the designated reception or payment area, easily visible to the patron:

i. A sign printed with letters that contrast against the background material and measure not less than one-half inch in height, stating:

"THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE."

ii. A schedule, printed in a minimum of 12-point type, listing the services offered, the corresponding price, and the minimum length of time for the service.

(Ord. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2(part), 2005)

A. When a CAMTC massage establishment's owner or operations manager employs or uses a CAMTC massage practitioner, or a CAMTC massage therapist, or both:

1. The CAMTC massage establishment's owner or operations manager shall verify and ensure that a CAMTC massage practitioner, or a CAMTC massage therapist, or both, while giving or performing a massage, or while on duty at the premises, have a current, active, and valid:

a. CAMTC certificate or CAMTC certificate renewal; and

b. Massage registration—CAMTC verification certificate.

2. The CAMTC massage establishment's owner and operations manager are jointly responsible for the conduct and acts of a CAMTC massage practitioner, or a CAMTC massage therapist, or both, while giving or performing a massage, or while on duty at the premises.

3. An act, omission, misconduct, criminal act, or violation of one or more provisions of this chapter by a CAMTC massage practitioner, or a CAMTC massage therapist, or both, is attributable jointly to not only the CAMTC massage practitioner, or CAMTC massage therapist, or both, but also the CAMTC massage establishment's owner and operations manager.

4. The fact that the CAMTC massage establishment's owner or operations manager did not have actual knowledge of an act, omission, misconduct, criminal act, or violation of one (1) or more provisions of this chapter by a CAMTC massage practitioner, or a CAMTC massage therapist, or both, is neither a defense nor a mitigating factor in a civil, criminal, or administrative action or proceeding.

B. While giving or performing a massage, or while on duty, a CAMTC massage practitioner, or a CAMTC massage therapist, or both, shall be fully clothed, neat and clean in appearance, and courteous and professional.

(Ord. No. 5751, § 2, 9-13-2011; 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 CAMTC sole proprietorship's premises for a massage and a CAMTC massage establishment to determine whether that sole proprietorship and that establishment are complying with this chapter's provisions.

B. A CAMTC massage practitioner, CAMTC massage therapist, CAMTC sole proprietorship, CAMTC massage establishment's owner, operations manager, or employee shall allow an official who enforces this chapter's provisions to enter, inspect, examine, photograph, videotape, or audiotape all or any part of that premises.

(Ord. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2(part), 2005)

It is unlawful for:

A. A CAMTC massage practitioner, CAMTC massage therapist, CAMTC sole proprietorship, CAMTC massage establishment's owner, operations manager, employee, patron, or individual, while the premises is open for business, or while on duty, to:

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

2. Appear in a state of full nudity or semi-nudity.

3. Touch, rub, or fondle a specified anatomical area.

4. Give or perform a massage on a specified anatomical area.

5. Engage in sexual conduct.

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

B. A CAMTC massage practitioner, or a CAMTC massage therapist, or both, to:

1. Give or perform a massage:

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

b. After having been convicted of one (1) or more offenses listed under disqualifying conduct.

c. After having registered as a sex offender under California Penal Code section 290, or any successor legislation.

d. While subject to a permanent injunction against maintaining or operating a nuisance under California Penal Code sections 11225 to 11235, or any successor legislation.

e. Under a false or assumed name, or a name not specified in a CAMTC certificate or CAMTC certificate renewal, or a massage registration-CAMTC verification certificate, or both.

f. After ten p.m. or before seven a.m. on any day.

2. Fail or refuse to allow, cause a delay of, or interfere with a lawful inspection, under section 5.64.90 of this chapter, of a CAMTC sole proprietorship's premises or a CAMTC massage establishment.

3. Procure a massage registration—CAMTC verification certificate by fraud, misrepresentation, deception, or mistake.

4. Transfer or assign, or attempt to transfer or assign, a massage registration—CAMTC verification certificate.

C. A CAMTC sole proprietorship or a CAMTC massage establishment to:

1. Fail or refuse to allow, cause delay of, or interfere with a lawful inspection, under section 5.64.90 of this chapter, of its premises.

2. Operate under a name, or conduct business under a designation, not specified in a zoning use certificate, or massage registration—CAMTC verification certificate, or both.

3. Procure a massage registration—CAMTC verification certificate by fraud, misrepresentation, deception, or mistake.

4. Transfer or assign, or attempt to transfer or assign, a massage registration—CAMTC verification certificate.

D. A CAMTC massage establishment to permit or allow any one or more of the following individuals to violate a provision of this chapter:

1. A CAMTC massage practitioner whom the establishment employs or uses;

2. A CAMTC massage therapist whom the establishment employs or uses;

3. An operations manager;

4. An employee;

5. An individual who is under the establishment's direction, control, or supervision; or

6. A patron.

(Ord. No. 5751, § 2, 9-13-2011; 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 (1) one or more civil actions, or administrative proceedings, or both, in the manner provided by law, to:

1. Enforce this chapter's provisions;

2. Abate, remove, or enjoin the public nuisance; and

3. Enjoin a person or persons from:

a. Giving or performing a massage contrary to this chapter's provisions; and

b. Establishing, operating, conducting, or maintaining a massage establishment contrary to this chapter's provisions.

C. The prevailing party may recover attorney's fees and costs in any judicial action, or administrative proceeding, or both, for the city's exercising one (1) or more remedies under this section.

D. The remedies or penalties that this chapter provides are cumulative to each other and to the remedies or penalties available under all other laws.

(Ord. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2(part), 2005)

A. 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.

B. This chapter is in addition to any other federal, state, or local law regulating massage. The city council intends this chapter to supplement, and not to duplicate or contradict, other applicable law.

(Ord. No. 5751, § 2, 9-13-2011; 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, active, and valid license, permit, or certificate 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 CAMTC massage practitioner or a CAMTC massage therapist:

a. Medical practitioners.

b. Registered nurses.

c. Beauticians.

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

B. Students enrolled in an approved 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 approved school's premises or at an off-campus activity, event, or function that the approved 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. No. 5751, § 2, 9-13-2011; Ord. 5463 § 2 (part), 2005)

Editor's note—

Ord. No. 5751, § 3, adopted September 13, 2011, repealed § 5.64.140—5.64.200, which pertained to massage establishments and derived from Ord. 5463 § 2 (part), 2005).