HomeMy WebLinkAbout475ORDINANCE NO. 475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE REPEALING SUBSECTION 5.16.100 Jr
REPEALING CHAPTER 9.62 AND ADDING A NEW
CHAPTER 9.64 TO TITLE 9 OF THE IRWINDALE
MUNICIPAL CODE PERTAINING TO MASSAGE
TECHNICIANSO MASSAGE ESTABLISHMENTS AND
SIMILAR BUSINESSES.
The City Council of the City of Irwindale does ordain
as follows:
Section 1. Subsection 5.16.100 J of Chapter 5.16 of
Title 5 of the Irwindale Municipal Code hereby is repealed, in
its entirety.
860tiOU 2. Chapter 9.62 of Title 9 of the Irwindale
Municipal Code hereby is repealed, in its entirety.
Rection 3. A new Chapter 9.64 hereby is added to the
Irwindale Municipal Code to read, in words and figures, as
follows:
"Chapter 9.64
"Massage Establishments and Technicians.
"ARTICLE I. Massage Establishments
"Section 9.64.010 - Definitions
9.64.020 - Permit Required
9.64.030 - Same - Exceptions
9.64.040 - Massage Establishment -
Application
9.64.050 - Same - Operating Requirements
9.64.060 - Same - Facilities
9.64.070 - Same - Inspections
9.64.080 - Same - Permit Not Assignable
9.64.090 - Same - Change of Location or
Name
9.64.100 - Same - Notification of Change
9.64.110 - Same - Renewal of Permit
9.64.120 - Applicability of Regulations
to Existing Business
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"ARTICLE ii - Massage Technicians
9.64.200 - Massage Technicians - Permit
Required
9.64.210 - Same - Application
9.64.220 - Same - Renewal
9.64.230 - Same - Notification by
Technician
9.64.240 - Same - Applicability of
Regulations to Persons Working
as Massage Technicians on
Effective Date of Chapter
ARTICLE III - Out Call Massage Services
9.64.300 - Out Call Massage Services -
Special Endorsement Required
9.64.310 - Same - Application
9.64.320 - Same - Records
"ARTICLE IV - Prohibited Conduct, Procedures,
and Penalties
9.64.400 - Prohibited Conduct
9.64.410 - Suspensions Pending Revocation
9.64.420 - Revocation - Message
Establishment Permit
9.64.430 - Same - Massage Technician
Permit
9.64.440 - Permit Denial/Revocation
Appeal Procedure
9.64.450 - Burden of Proof at Hearing
9.64.460 - Penalties for Violation of
Chapter
9.64.470 - Civil Remedies Available
9.64.480 - Severability
"Section 9.64.010 - Definitions
"Unless the particular provision or the context
otherwise requires, the definitions and provisions
contained in this Section shall govern the construction,
meaning, and application of words and phrases used in
this Chapter:
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"(a) •Director' shall mean the Director of Finance
of the City of Irwindale, or his or her designee.
"(b) `Employee' means any and all persons, other
than a massage technician, who may render any service to
the permittee, and who receives compensation from the
permittee or his agent.
"(c) `Hearing Officer' shall mean the City Manager
of the City of Irwindale, or his or her designee.
"(d) `Massage' means any method of treating the
external and/or internal parts of the human body for
remedial, health, or hygienic purposes by means of
pressure on or friction against; or stroking, kneading,
rubbing, tapping, pounding; or stimulating the external
or internal parts of the human body with the hands or
other parts of the human body, with or without the aid
of any mechanical or electrical apparatus or appliances;
or with or without supplementary aids, such as rubbing
alcohol, liniments, antiseptics, oils, powders, creams,
lotions, ointments, or other similar preparations.
"(e) `Massage Establishment' means any
establishment having a fixed place of business where any
person, firm, association, partnership, or corporation
engages in, conducts, or carries on, or permits to be
engaged in, conducted or carried on, any business of
giving massages, baths, administration of fomentation,
mechanical, electric or magnetic treatments, alcohol
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rubs, or any other type of system for treatment or
manipulation of the human body with or without any
character of bath, such as Turkish, Russian, Swedish,
Japanese, vapor, shower, electric tub, sponge, mineral,
fomentation, or any other type of bath.
"(f) `Massage Technician' shall include a `Massage
Technician', `Massage Trainee', `Masseur', `Masseuse',
and means any person who administers to another person,
for any form of consideration or for no charge at a
massage establishment, `massage' as defined, or baths,
manipulation of the body, electric massage procedure, or
similar procedure.
"(g) `Permittee' means any person, firm,
partnership or corporation having a permit issued
hereunder.
"(h) `Recognized School of Massage' means any
school or institution of learning which teaches the
theory, ethics, practice, profession, and work of
massage, and which has been approved pursuant to the
California Education Code. A school offering a
correspondence course not requiring attendance shall not
be deemed a recognized school for purposes of this
Chapter. The City shall have the right to confirm that
the applicant has actually attended class in a
recognized school.
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"(i) `Out Call Massage Service' means any business
where the primary function of such business is to engage
in or carry on massage, not at a fixed location but at a
location designated by the customer.
"SeCtiOn 9.64.020 - Permit Required
"(a) It shall be unlawful for any person, firm,
partnership or corporation to engage in, conduct or
carry on, or to permit to be engaged in, conducted or
carried on, in or upon any premises within the City, the
operation of a massage establishment as herein
described, without first having obtained a permit issued
by the City pursuant to the provisions hereinafter set
forth. Said permit shall immediately be surrendered to
the Director upon suspension, revocation, or expiration
thereof.
"(b) A permit under this Article shall be valid
for twelve (12) months from the date of issuance unless
revoked or suspended. The permit required shall be in
addition to any business license required by City
ordinance or any other permit required for such use
including, but not limited to, any conditional use
permit or other similar entitlement for use.
"Section 9.64.030 - Same - Exceptions
"The provisions of this Chapter shall not apply to
the following classes of individuals while engaged in
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rw"l the performance of the duties of their respective
professions:
"(a) Physicians, surgeons, chiropractors,
osteopaths, or physical therapists who are duly licensed
to practice their respective professions in the State of
California.
"(b) Nurses registered under the laws of the State
of California.
"(c) Barbers and beauticians who are duly licensed
under the laws of the State of California while engaging
in practice within the scope of their licenses, except
that this provision shall apply solely to the massaging
of the neck, face, and/or scalp of the customer.
"(d) Hospitals, nursing homes, sanatoriums, or
other health care facilities duly licensed by the State
of California.
"(e) Accredited high schools, junior colleges, and
colleges or universities whose coaches and trainers are
acting within the scope of their employment.
"(f) Accredited trainers of recognized amateur,
semiprofessional or professional athletes or athletic
teams.
"Section 9.64.040 - Massage Establishment
Application
"(a) Any person, firm, corporation, or partnership
desiring to obtain a permit to operate a massage
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establishment shall make application under penalty of
perjury to the Director. Prior to submitting such
application, a non-refundable fee in an amount
established by the City Council shall be paid to the
City to defray the cost of the investigation and report
required by this Article. A copy of the receipt showing
payment of the required fee shall accompany the
application.
"(b) The application and fee required under this
Section shall be in addition to any license, permit or
fee required under any other Chapter of this Code or
ordinance heretofore or hereafter adopted.
"(c) The application for permit does not authorize
conducting a massage establishment until such permit has
been granted.
"(d) Each applicant for a massage establishment
permit shall submit the following information:
"1. The full true name under which the
business will be conducted.
"2. The present or proposed address where the
business is to be conducted.
"3. The applicant's full, true name, any
other names used, date of birth, California Driver's
License number or California identification number,
Social Security number, present residence address and
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telephone number, sex, height, weight, color of hair,
and color of eyes.
"4. Previous two (2) residences of the
applicant and the inclusive dates at each address.
"5. The applicant's business, occupation, and
employment history for five (5) calendar years preceding
the date of application, and the inclusive dates of
same.
1'6. The permit history of the applicant,
including whether such person has ever had any permit or
license issued by any agency, board, City, County,
Territory, or State, the date of issuance of such a
permit or license, whether the permit or license was
revoked or suspended, or if a vocational or professional
license or permit was issued, revoked, or suspended, and
the reason(s) therefor.
117. All convictions for any crime involving
conduct which requires registration under any law
similar to and including California Penal Code Section
290, or of conduct which is a violation of the
provisions of any law similar to and including
California Penal Code Sections 314, 315, 316, 318, 647,
or any crime involving dishonesty, fraud, deceit, or
moral turpitude.
118. A complete definition of all services to
be provided.
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"9. The name, address, and date of birth of
each massage technician, aide, trainee, or employee who
is or will be employed in said establishment.
"10. The name and address of any massage
business or other like establishment owned or operated
by any person whose name is required to be given
Pursuant to this Section wherein the business or
profession of massage is carried on.
"11. Acceptable written proof that the
applicant is at least eighteen (18) years of age.
"12. If the applicant is a corporation, the
name of the corporation shall be set forth exactly as
shown in its Articles of Incorporation or Charter
/0,4e together with the State and date of incorporation and
the names and residence addresses of each of its current
officers and directors, and of each stockholder holding
more than five percent (5%) of the stock of that
corporation and a statement of the corporation's good
standing in its state of incorporation.
"13. If the applicant is a partnership, the
application shall set forth the name and residence
addresses of each of the partners, including limited
partners. If the applicant is a limited partnership, it
shall furnish a copy of its certificate of limited
partnership as filed with the County Clerk. If one or
more of the partners is a corporation, the provisions of
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subsection 9.64.040(4)12 pertaining to corporate
applicants shall apply.
"14. The applicant, if a corporation or
partnership, shall designate one of its officers or
general partners to act as its responsible managing
employee. Such person shall complete and sign all
application forms required of an individual applicant
under this Chapter, however, only one application fee
shall be charged. The corporation's or partnership's
responsible managing employee must, at all times, meet
all of the requirements established for permittees by
this Chapter or the corporation or partnership permit
shall be suspended until a responsible managing employee
who meets such requirements is designated in writing.
If no such person is designated within ninety (90) days,
the corporation or partnership permit shall be deemed
canceled without further notice and a new initial
application for permit must be filed.
"15. The Director may require the applicant
to furnish fingerprints from an approved source when
deemed necessary for the purpose of establishing
identification. Any required fingerprinting fee will be
the responsibility of the applicant.
1116. Two (2) color portrait photographs of
the applicant, two (2) inches by two (2) inches in size.
1117. A description of any other business to
be operated on the same premises, or any adjoining or
abutting premises, owned or controlled by the applicant.
"18. The name and address of the owner and
lessor of the real property upon or in which the
business is to be conducted. In the event the applicant
is not the legal owner of the property, the application
must be accompanied by a copy of the lease and a
notarized acknowledgment from the owner of the property
that a massage establishment will be located on said
property.
"19. Authorization for the City, its agents
and employees to seek information and conduct an
investigation into the truth and/or completeness of the
statements set forth in the application.
"20. The applicant shall submit any change of
address or fact which may occur during the processing of
the application for a massage establishment permit.
"21. The applicant, if an individual, or
designated responsible managing employee if a
partnership or corporation, shall personally appear at
the Finance Department and produce acceptable proof that
the application fee has been paid and shall present the
application containing the required information as
described in this Section.
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1122. A certificate of compliance from both
the City Building and safety Department and the Los
Angeles County Health Department shall be submitted by
the Applicant prior to the application approval. Any
required inspection fees shall be the responsibility of
the applicant.
"If the certificates of compliance are not
received by the Director within ninety (90) days of the
date of filing, the application shall be deemed void.
If any land use permit or other entitlement for use is
required, such permit or use shall be applied for and
received prior to the massage establishment permit
becoming effective.
"23. The Director shall have not more than
sixty (60) calendar days to investigate the
application's content and the background of the
applicant. Upon the completion of the investigation,
the Director shall grant the permit if it is found that:
"(a) The required fee has been paid.
"(b) The application conforms in all
respects to the provisions of this Chapter.
"(c) The applicant has not made a
material misrepresentation in the application.
"(d) The applicant, if an individual, or
any of the stockholders of the corporation, or any
officers or directors, if the applicant is a
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corporation, or any partner if the applicant is a
partnership, has not been convicted in a court of
competent jurisdiction of an offense involving conduct
which requires registration under any law similar to and
including California Penal Code Section 290, or of
conduct which is a violation of the provisions of any
law similar to and including California Penal Code
Sections 314, 315, 316, 318, 647, or any other crime
involving dishonesty, fraud, deceit, or moral turpitude.
"(e) The applicant has not had a massage
establishment, massage technician, or other similar
permit or license denied, revoked, or suspended by the
City, or any State or local agency prior to the date of
approval.
"(f) The applicant is at least eighteen
(18) years of age.
"(g) The massage establishment as
proposed by the applicant complies with all applicable
laws, including, but not limited to, health, zoning,
fire, and safety requirements and standards.
"24. If the Director, following investigation
of the applicant, determines that the applicant does not
fulfill the requirements as set forth in this Chapter,
the Director shall deny said application by dated
written notice to the applicant. The applicant shall
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have the right of appeal as set forth in Section
9.64.440.
"Section 9.64.050 - Same - Operating Requirements
"No person shall engage in, conduct, or carry on,
or permit to be engaged in, conducted, or carried on,
any massage establishment, unless each and all of the
following requirements are met:
"(a) Each person employed or acting as a massage
technician shall have a valid permit issued by the
Director. It shall be unlawful for any owner, manager,
operator, responsible managing employee, or permittee in
charge of or in control of a massage establishment to
employee or permit a person to act as a massage
technician who is not in possession of a valid, current
and unrevoked massage technician permit issued pursuant
to this Chapter and which is worn in a manner and on the
person in a location which has unimpeded visibility
during working hours.
"(b) The possession of a valid Massage
Establishment Permit does not authorize the Permittee to
perform work for which a Massage Technician Permit is
required.
"(c) Massage and bath operations shall be carried
on or conducted, and the premises shall be open to the
public, only between the hours of 7:00 a.m. and 10:00
P.M.
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"(d) A list of services available as approved
pursuant to the Application and the cost of such
services shall be posted in an open public place within
the premises, and shall be described in readily
understandable language. No owner, manager, operator,
responsible managing employee, or permittee shall
permit, and no massage technician shall offer or
perform, any service other than those posted.
"(e) The Massage Establishment Permit and a copy
of the permit of each and every massage technician
employed in the establishment shall be displayed in an
open and conspicuous place on the premises.
"(f) Every massage establishment shall keep a
written record of the date and hour of each treatment,
the name and address of each customer, the name of the
massage technician administering the treatment, and the
type of treatment administered. Such written record
shall be maintained on forms approved by the Director.
Such records shall be open to inspection only by
officials charged with enforcement of this Chapter and
and shall be used for no other purpose, including use of
the file by owners and employees of the establishment.
Any unauthorized disclosure or use of such information
by any officer or employee of the City or the County of
Los Angeles, or the owner or employee of the massage
establishment shall constitute a misdemeanor and such
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persons shall be subject to the penalty of the
provisions of this Chapter in addition to any other
penalties provided by law. Such records shall be
maintained on the premises of the massage establishment
for a period of two (2) years from the date the same is
prepared.
"(g) Massage establishments shall at all times be
equipped with an adequate supply of clean, sanitary
towels, coverings, and linens. Clean towels, coverings
and linens shall be stored, in a sanitary manner, in
enclosed cabinets. Towels and linens shall not be used
on more than one (1) patron, unless such towel or linen
has first been laundered and disinfected. Disposable
�^ towels and coverings shall not be used on more that one
(1) patron. Soiled linens and paper towels shall be
deposited in separate, receptacles approved by the City
or the County Health Department.
"(h) If male and female patrons are to be treated
simultaneously at the same massage establishment,
separate massage rooms, separate dressing facilities and
separate toilet facilities shall be provided for male
and female patrons.
"(i) Wet and dry heat rooms, steam or vapor rooms
or cabinets, toilet rooms, shower and bath rooms,
tanning booths, whirlpool baths and pools shall be
thoroughly cleaned and disinfected as needed, and at
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least once each day the premises are open, with a
disinfectant approved by the county Health Department.
Bathtubs shall be thoroughly cleaned with a disinfectant
approved by the Health Department after each use. All
walls, ceilings, floors, and other physical facilities
of the establishment must be in good repair and
maintained in a clean and sanitary condition.
"(j) Instruments utilized in performing massage
shall not be used on more than one (1) patron unless
such instruments have been sterilized, using approved
sterilizing methods prior to use on any subsequent
customer(s).
"(k) All employees, including massage technicians,
shall be clean, and wear clean, nontransparent outer
garments. Said garments shall not expose their
genitals, pubic area, buttocks, or chest. Massage
technicians shall maintain the massage technician permit
visibly on their person during business hours.
"(1) No person shall enter, be or remain in any
part of a massage establishment while in the possession
of, consuming, under the influence of or using any
alcoholic beverage or drugs except pursuant to a
prescription for such drugs. The owner, operator,
responsible managing employee, manager, or permittee
shall not permit any such person to enter or remain upon
such premises.
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"(m) No massage establishment shall operate as a
school of massage, or use the same facilities as that of
a school of massage.
"(n) No massage establishment granted a permit
under this Article shall place, publish or distribute or
cause to be placed, published or distributed any
advertising matter that depicts any portion of the human
body that would reasonably suggest to prospective
customers or clients that any service is available other
than those services described in Section 9.64.010(d) of
this Article, nor shall any massage establishment or out
call massage service employ language in the text of such
advertising that would reasonably suggest to a
prospective patron that any service is available other
than those services as described in Section 9.64.010(d)
of this Article.
"(o) No service enumerated in Section 9.64.010(d)
of this Article may be carried on within any cubicle,
room, booth or any area within a massage establishment,
which is fitted with a door capable of being locked.
"(p) All exterior doors shall remain unlocked
during business hours.
"(q) A massage shall not be given and no patron
shall be in the presence of a massage technician or
other employee unless the patron's genitals are fully
covered by a non -transparent covering and, in addition,
M
I,l
a female patron's breasts are fully covered by a
non -transparent covering.
"(r) No massage establishment shall be open for
business without at least one massage technician on the
premises at all times who is in possession of a current,
unrevoked permit.
"Section 9.64.060 - Same - Facilities
"Every massage establishment shall maintain
facilities meeting all of the following requirements:
"(a) Any signs shall be in conformance with the
current ordinances of the City.
"(b) Minimum lighting shall be provided in
accordance with Article 220 of the National Electric
Code or successor provision or provisions, and, in
addition, at least on artificial light of not less than
forty (40) watts shall be provided in each room or
enclosure where massage services are performed on
patrons.
"(c) Minimum ventilation shall be provided in
accordance with Section 1105 of the Uniform Building
Code or successor provision or provisions.
"(d) Adequate equipment for disinfecting and
sterilizing instruments used in performing the acts of
massage shall be provided.
"(e) Hot and cold running water shall be provided
at all times.
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"(f) Closable cabinets shall be provided for
storage of clean linens.
"(g) Adequate bathing, dressing, locker and toilet
facilities shall be provided patrons. A minimum of one
tub or shower and a dressing room containing separate
lockers which are capable of being locked must be
provided for each patron. Separate toilets and wash
basins must be provided for male and female patrons.
"(h) A minimum of one separate wash basin for
employees shall be provided at all times. The basin
shall be located within or as close as practicable to
the area devoted to performing of massage services.
Sanitary towels shall also be provided at each basin.
"(i) Pads used on massage tables shall be covered
with a durable, washable plastic or other waterproof
material acceptable to the County Health Department.
"(j) Proof of compliance with all applicable
provisions of the Irwindale Municipal Code and the
applicable ordinances shall be provided prior to the
issuance of any permits.
"Section 9.64.070 - Same - Inspections
"The Police Chief, Planning Director, Director and
the Los Angeles County Health Department, or their
authorized representatives, shall have the right to
enter the massage establishment for the purpose of
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making reasonable unscheduled inspections to observe and
enforce compliance with applicable regulations, laws,
.and provisions of this Chapter.
"Section 9.64.080 - Permit Nonassignable
"No massage establishment permit may be sold,
transferred or assigned by the permittee, or by
operation of law, to any other person or persons, and
any such sale, transfer or assignment, or attempted
sale, transfer or assignment, shall be deemed to
constitute a voluntary surrender of such permit and such
permit shall thereafter be deemed terminated and void;
provided and excepting, however, that if the permittee
is a partnership and one or more of the partners should
die, one or more of the surviving partners may acquire,
by purchase or otherwise, the interest of the deceased
partner or partners without effecting a surrender or
termination of such permit and in each case the
permittee shall thereafter be deemed to be the surviving
partner(s). One or more proposed partners in a
partnership granted a permit hereunder may make
application to the Director, together with the fee
established by the City Council therefor, to amend the
original application providing all information as
required for partners in the first instance and, upon
approval thereof, the transfer of the interests of one
or more partners to the proposed partner or partners may
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occur. If the permit is issued to a corporation, stock
may be sold, transferred, issued, or assigned to
stockholders who have been named on the application. If
any stock is sold, transferred, issued, or assigned to a
person not listed on the application as a stockholder,
the permit shall be deemed terminated and void;
provided, however, the proposed transferee may submit to
the Director, together with a fee established by the
City Council, an application to amend the original
application providing all information as required for
stockholders in the first instance, and, upon approval
thereof, the transfer may then occur.
"Section 9.64.090 - Change of Location or Name
"(a) A change of location of a massage
establishment may be approved by the Director provided
all ordinances and regulations of the City and County
Health Department are complied with.
"(b) No permittee shall operate under any name or
conduct any establishment under any designation not
specified in the permit.
"(c) Any application for an expansion of a
building or other place of business of a massage
establishment shall require compliance with this
Article.
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"Section 9.64.100 - Massage Establishment -
Notification of Change
"(a) The holder of the permit to operate or
conduct a massage establishment shall notify the
Director, in writing, of the name and address of each
person employed, including massage technicians, at such
establishment within five (5) calendar days of said
person being employed.
"The requirements of this Section are in
addition to the other provisions of this Article, and
nothing contained herein shall relieve the permittee of
the responsibility of ascertaining, prior to employment,
whether an employee has a current, unrevoked Massage
Technician Permit.
"(b) if, during the term of a permit, the
applicant has any change in information provided on or
concerning the original application or permit renewal
application, written notification must be made to the
Director in writing, within ten (10) business days of
the change.
"Section 9.64.110 - Same - Renewal of Permit
"A massage establishment licensed under this
Chapter shall submit an application for renewal thirty
(30) days prior to the expiration thereof. The renewal
application shall be submitted together with the
requisite fee as established by the City Council.
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Approval of the renewal application shall be contingent
upon satisfactory compliance with all pertinent
provisions of this Chapter.
"Section 9.64.120 - Applicability of Regulations to
Existing Businesses
"The provisions of this Article shall be applicable
to all persons and businesses described herein whether
the described activities were established before or
after the effective date of this Article, except that
massage establishments legally in business prior to the
effective date hereof shall have ninety (90) days or
until the expiration of the current business license,
whichever is greater, to comply with the terms hereof.
"ARTICLE II - MASSAGE
"Section 9.64.200 - Massage Technicians - Permit
Required
"(a) It shall be unlawful for any person to engage
in the business of acting as or to act as a massage
technician unless such person holds a valid current
massage technician permit issued by the City. Each
massage technician permit holder shall be issued a photo
identification badge which will also serve as the issued
massage technician permit. The permit holder shall
maintain the massage technician permit visibly on his or
her person during business hours. Each permit holder
shall immediately surrender to the Director, or his or
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her designee, any massage technician permit issued by
the City upon the suspension, revocation, or expiration
of such permit.
"(b) A permit under this Section shall be valid
for twelve (12) months from the date of issuance unless
revoked or suspended.
"Section 9.64.210 - Same - Application
"(a) Each applicant for a massage technician
permit shall make application under penalty of perjury
to the Director. Prior to submitting an application, a
nonrefundable fee as established by the City Council
shall be paid to defray the costs of investigation and
report required by this Article. A copy of the receipt
shall accompany the application.
"(b) Permit fees required under this Section shall
be in addition to any license, permit or fee required
under any other Chapter of this Code.
"(c) The application for permit does not authorize
the applicant to practice massage until such permit has
been granted.
"(d) Each applicant for a massage technician
permit shall submit the following information:
"1. Each and every fact or inquiry set forth
in Sections 9.64.040(d)3 through 9.64.040(d)7,
inclusive, of Article I of this Chapter.
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112. Acceptable written proof that the
applicant is at least eighteen (18) years of age.
"(e) The applicant must furnish a diploma or
certificate of graduation from either a 500 -hour
resident course of instruction or 500 hours of
cumulative education consisting of a 300 -hour resident
course and 200 additional hours of resident instruction
from either:
"1. A recognized school as defined in Section
9.64.010(g) of Article I of this Chapter; or
"2. An existing school or institution of
learning outside the State of California, together with
a certified transcript of the applicant's school records
showing date of enrollment, hours of instruction and
graduation from a course having at least the minimum
requirements prescribed by Title 5, Division 21, of the
California Code of Regulations, wherein the theory,
method, profession and work of massage is taught, and a
copy of the school's approval by its State Board of
Education; or
113. 300 hours of resident instruction and
membership or the ability to obtain membership in a
nationally recognized professional massage technician's
organization approved by City at either the certified
technician or certified practitioner level.
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"(f) The massage establishment's full name,
address and telephone number where the massage
technician will be employed at a fixed place of
business. In the event the applicant seeks to conduct
out call massage services not listed in the original
application, an additional application and fee must be
submitted.
"(g) Such other identification and information as
the Director may require in order to discover the truth
and completeness of the matters herein specified as
required to be set forth in the application.
"(h) Two (2) color portrait photographs of the
applicant, two (2) inches by two (2) inches in size.
"(i) The Director may require the applicant to
furnish fingerprints when needed for the purpose of
establishing identification. Any required
fingerprinting fees will be the responsibility of the
applicant.
"(j) A certificate from a medical doctor licensed
to practice in the State of California stating that the
applicant has, within thirty (30) days immediately
preceding the date of application, been examined and
found to be free of any contagious or communicable
disease.
"(k) Authorization to the Director that he or she
shall have sixty (60) working days in which to
27
investigate the application and background of the
applicant. Upon termination of the investigation, the
Director shall approve or deny said application in
writing.
"(1) The Director, upon completion of the
investigation, shall grant the permit if he or she finds
in accordance with Section 9.64.040(d)23(a) through (f),
inclusive, and:
"1. The applicant has furnished an acceptable
diploma or certificate of graduation from a recognized
school, or
112. The applicant has furnished acceptable
written proof from a recognized school that the minimum
number of hours of instruction have been completed.
"(m) If the Director, following investigation of
the application, determines that the applicant does not
fulfill the requirements as set forth in this Section,
the Director shall deny said application by dated,
written notice dispatched to the address shown on the
application. Any applicant for a permit who is refused
a permit by the Director may appeal the denial
as set forth in Section 9.64.440.
"Section 9.64.220 - Same - Renewal
"A massage technician licensed under this Chapter
shall file an application to renew the permit thirty
(30) days prior to the date of expiration thereof.
28
Approval shall be contingent upon satisfactory
compliance with all pertinent sections of this Article,
including a current medical clearance. A renewal fee as
established by the City Council shall be charged to pay,
in part, the cost of the renewal investigation required
by this Article.
"Section 9.64.230 - Same - Notification by
Technician
"If, during the term of a permit, the massage
technician has any change in information submitted
during the original application, or renewal thereof as
the case may be, the massage technician shall notify the
Director of such change within ten (10) business days
thereof, in writing.
"Section 9.64.240 - Same - Applicability of
Regulations to Persons Working
as Massage Technicians on
Effective Date of Chapter
"The provisions of this Article shall be applicable
to all persons working as massage technicians whether
such employment commenced before or after the effective
date of this Chapter, except that massage technicians
legally employed prior to the effective date herein
shall have ninety (90) days after the effective date
hereof to comply with the terms of this Article.
W*
"ARTICLE III - OUT CALL MASSAGE SERVICES
"Section 9.54.300 - Out Call Massage Services -
Special Endorsement Required
"It shall be unlawful for any massage establishment
or massage technician to provide, or to offer to
provide, massage at any location except at the place of
business approved for a massage establishment hereunder;
provided, however, that a massage establishment or
massage technician may obtain a special endorsement to
the permit issued thereto specifically authorizing out
call massage services.
"Section 9.64.310 - Same - Application
"Any massage establishment or massage technician
desiring to provide out call massage services shall
submit to the Director, together with the requisite
non-refundable fee therefor as established by the City
Council, an application to provide out call massage
services within the City. In addition to the
requirements set forth herein pertaining to massage
establishment permit or massage technician permit
application, as the case may be, the applicant shall
submit detailed information setting forth the manner and
means of transporting, to and from the premises where
out call massage services are to be performed, the
clean, sanitary towels, coverings and linens, sterilized
instruments to be utilized, as well as any supplementary
30
aids, equipment or devices to be utilized and the
method(s) of disposal thereof.
"Section 9.64.320 - Same - Records
"All massage technicians authorized to perform out
call massage services hereunder shall keep a written
record, at the massage technician's principal place of
business, of out call massage services performed as
required by Section 9.64.050(f) of Article I hereof and
shall include therein the location, by street address
including suite or apartment number, where such services
have been performed.
"ARTICLE IV - PROHIBITED CONDUCT, PROCEDURES,
Laic,
"Section 9.64.400 - Prohibited Conduct
"(a) It shall be unlawful for any massage
technician to massage the genital area of any patron or
the breasts of any female patron or for any massage
establishment to allow or permit such massage.
"(b) Massage technicians shall at all times be
fully clothed in nontransparent clothing that shall not
expose their genitals, pubic area, buttocks, or chest.
"(c) It shall be unlawful for a massage technician
to perform any massage services at any location other
than that location specified on the massage technician
permit or permitted pursuant to endorsement.
31
"Section 9.64.410 - Suspension Pending Revocation
"When the grounds for revocation under this Article
are that the permittee is suspected of illegal, immoral,
improper, or otherwise objectionable conduct, the permit
may be suspended by the Director until the revocation
hearing procedure has been completed.
"Section 9.64.420 - Revocation - Massage
Establishment Permit
"The Director shall revoke the massage
establishment permit of any person, firm, partnership or
corporation holding the same upon receipt of
satisfactory evidence that the permittee has made a
material misrepresentation on the permit application, or
if the permittee, any managing responsible employee
thereof or any of the persons enumerated in Sections
9.64.040(D)12 or 9.64.040(D)13 of Article I of this
Chapter has been convicted of or entered a plea of
guilty or nolo contendere to any charge of a violation
of any of the provisions of this Chapter, or of the
enumerated statutes set forth in 9.64.040(d)7 of Article
I of this Chapter or any lesser included offense. The
Director may revoke, after notice and hearing, a massage
establishment permit if, on the basis of satisfactory
evidence, it is shown that the permittee, any managing
responsible employee, or any employee, representative,
or agent of the permittee or any massage technician
32
employed by the permittee, has engaged in conduct
constituting a violation of this Chapter or of any of
the enumerated statutes set forth in Section
9.64.040(d)7 of Article I of this Chapter. The Director
shall provide the permittee with written notice of the
revocation or proposed revocation by certified mail
addressed to the street address of the massage
establishment as shown on the application.
"Section 9.64.430 - Same - Massage Technician
Permit
"The Director shall revoke the massage technician
permit of any person holding the same upon receiving
satisfactory evidence that the permittee has made a
material misrepresentation on the permit application or
if the permittee has been convicted of or entered a plea
of guilty or nolo contendere to any charge of a
violation of any of the provisions of this Chapter, or
any of the enumerated statutes set forth in Section
9.64.040(d)7 of Article I of this Chapter or to a lesser
included offense. The Director may, after notice and
hearing, revoke the massage technician permit of any
permittee if, on the basis of satisfactory evidence it
shows that the permittee has engaged in conduct
constituting a violation of this Chapter or any of the
enumerated statutes set forth in Section 9.64.040(d)7 of
Article I of this Chapter. The Director shall provide
33
the permittee with written notice of the revocation by
certified mail addressed to the permittee at the address
of record shown on the massage technician permit
application.
"Section 9.64.440 - Permit Denial/Revocation Appeal
Procedure
"The applicant or permittee, as the case may be,
within ten (10) business days after dispatch of notice
of denial of an application for a permit under either
Article I or Article II, hereof, or notice of
revocation, may file an appeal with the City Clerk to be
taken to the Hearing Officer. In the event an appeal is
filed within the ten (10) day time frame, a suspension
may be in effect until the final decision has been
rendered by the Hearing Officer.
"If the applicant or permittee fails to make an
appeal within the ten (10) day filing period provided
herein, denial/revocation shall take effect immediately
upon expiration of such filing period. No permit shall
be revoked until after a hearing shall have been held
before the Hearing Officer to determine good cause for
such revocation, or the appeal filing period has lapsed.
It is unlawful for any person to conduct a massage
establishment or carry on the business of massage until
the revoked permit has been reinstated by the Hearing
Officer after timely appeal has been concluded.
34
"Notice of such hearing shall be given in writing
and mailed at least ten (10) days prior to the date of
the hearing, by certified mail, addressed to the address
listed on the massage establishment application, or
massage technician application, as the case may be.
"The notice shall state the grounds of the
complaint and shall state the time and place where such
hearing will be held.
"After said hearing, the Hearing Officer shall
render a written decision within ten (10) business days
from the date the matter is submitted for decision. The
action of the Hearing Officer shall be final and
conclusive.
"Section 9.64.450 - Burden of Proof at Hearing
"Unless otherwise specifically provided by law, the
burden is on the permittee/applicant in any hearing
under this Article to prove that the determination of
the Director which is being appealed is unreasonable,
erroneous, or a clear abuse of discretion.
"Section 9.64.460 - Penalties for Violation of
Chapter
"It shall be unlawful for any person, firm,
partnership, or corporation to violate any provision or
to fail to comply with any of the requirements of this
Chapter. Any person, firm, partnership or corporation
violating any provisions of this Chapter or failing to
19V
comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not exceeding five hundred
dollars ($500.00), or by imprisonment not exceeding six
(6)months, or by both such fine and imprisonment. Each
and every person, firm, partnership, or corporation
shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which any
violation of any of the provisions of this Chapter is
committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed
punishable therefor as provided in this Chapter.
"Section 9.64.470 - Civil Remedies Available
"The violation of any of the provisions of this
Chapter shall constitute a nuisance and may be abated by
the City through civil process by means of restraining
order, preliminary or permanent injunction or in any
other manner provided by law for the abatement of such
nuisances.
"Section 9.64.480 - Severability
"The City Council declares that, should any
provision, section, paragraph, sentence or word of this
Chapter be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by
reason of any preemptive legislative, the remaining
36
provisions, sections, paragraphs, sentences and words of
this Chapter shall remain in full force and effect."
Section A. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published in the
manner prescribed by law.
1993.
ADOPTED AND APPROVED this 12th day of August
I, DAVID A. CARETTO, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City.Council of the City
of Irwindale held on the 19th day of July , 1993, and was
finally passed at a regular meeting of the City Council of the
City of Irwindale held on the 12th day of August , 1993, by
the following vote:
AYES: COUNCIL MEMBERS: Miranda, J., Miranda, P., Breceda,
Barbosa, and Diaz
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
City Clerk of the
City of Irwindale
N1102110MASSAGEII 1.3 37