HomeMy WebLinkAboutORD 1233ORD 1233 pT3 (Ìì Ò áÿÿORDINANCE NO. 1233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING CHAPTER 118 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
MASSAGE ESTABLISHMENTS
WHEREAS, the permit requirements and restrictions imposed by this chapter are
reasonably necessary to protect the health, safety and welfare of the citizens of the city;
and
WHEREAS, the city is authorized by virtue of Article XI, Section 7 of the Constitution
of the State of California, and Section 51031 of the California Government Code. to
regulate massage establishments by imposing reasonable standards relative to the skill
and experience of massage operators and massage practitioners and imposing reasonable
conditions on the operation of the massage establishment; and
WHEREAS, there is a significant risk of injury to massage clients by improperly
trained and/or educated massage practitioners and this chapter provides reasonable
safeguards against injury and economic loss; and
WHEREAS, there is opportunity for acts of prostitution and other unlawful sexual
activity to occur in massage establishments. Courts have long recognized massage as a
pervasively regulated activity and that massage establishments are often brothels in
disguise. The establishment of reasonable standards for issuance of permits and
restrictions on operations would serve to reduce the risk of illegal activity; and
WHEREAS, the restrictions and requirements contained in this chapter are intended
to reduce the burden of massage establishment regulation on the police department; and
WHEREAS, the regulations and restrictions contained in this chapter are intended to
discourage massage establishments from degenerating into houses of prostitution and the
means utilized in this chapter bear a reasonable and rational relationship to the goals
sought to be achieved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 118 of the Baldwin Park Municipal Code is hereby amended
to read as follows:
Chapter 118 Massage Establishments
Sec. 118.01 Definitions
For purposes of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
a) Adult-oriented merchandise" means any sexually-oriented
implements, paraphernalia, or novelty items, such as, but not limited
to, condoms, dildos. sexually-oriented vibrators, sexually-oriented
lubricants, which are designed or marketed primarily for the
stimulation of human genital organs.
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b) Chief of Police" means the Chief of Police of the City of Baldwin
Park or his designee.
c) City" means the City of Baldwin Park.
d) City Council" means the City Council of the City of Baldwin Park.
e) Chief Executive Officer" means the Chief Executive Officer of the
City of Baldwin Park.
f) Conviction" or convicted" means a guilty plea. guilty verdict, or a
conviction following a plea of nolo contendere.
g) Customer area" means areas open to customers of the
establishment or the general public.
f) Employee" means any and all persons, other than a massage
practitioner, operator or manager, who renders any service, with or
without compensation, for the owner, operator, manager or agent of
either an owner, operator or manager of a massage establishment
who and who has no physical contact with customers or clients. For
purposes of this chapter the term employee" shall include
independent contractors.
g) Health department" means the Health Department of the County
of Los Angeles.
h) Lobby" means one 1) room or designated area, adjacent to the
public entry, which is used for an entry and/or waiting room for
customers or other persons authorized to enter the premises.
k) Manager" means the person(s) designated by the operator of the
massage establishment to act as the representative and agent of the
operator in managing day-to-day operations with corresponding
liabilities and responsibilities. Evidence of management includes, but
is not limited to. evidence that the individual has the power to direct or
hire and dismiss employees, control hours of operation, create policy
or rules, or purchase supplies. A manager may also be an owner. A
manager shall provide all of the information required for and meet the
standards and qualifications set forth in sections 118.04 and 118.05
to qualify as a manager.
I) Massage" means any method of treating the external parts of the
human body for remedial, health, hygienic, relaxation or any other
reason or purpose, whether by means of pressure on, friction against
or stroking, kneading, tapping, pounding, vibrating, rubbing or any
other manner of touching external parts of the human body with the
hands, or with the aid of any mechanical or electrical apparatus or
appliance, with or without supplementary aids such as rubbing
alcohol, liniment, antiseptic, oil, powder, cream, ointment or other
similar preparations commonly used in this type of business or trade.
m) Massage establishment" means any enterprise or establishment
having a fixed place of business conducted within the City of Baldwin
Park, where any person, firm, association, partnership, corporation, or
combination of individuals, engages in, conducts, carries on or
permits to be conducted or carried on, for money or any other
consideration, the administration to another person of a massage,
bath or health treatment involving massages or bathes including, but
not limited to, fomentation, electric or magnetic treatments, alcohol
rubs, or any other type of system for treatment or manipulation of the
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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.
n) Massage room" means a cubicle, booth, room or enclosed or
semi-enclosed area within a massage establishment where massage
services are performed on patrons.
o) Massage practitioner means any person who administers to
another person a massage as defined herein, within a massage
establishment for any form of consideration or in exchange for
anything of value whatsoever. The terms massage therapist,"
massage technician," massage trainee", masseur" or masseuse"
are included within this definition for purposes of this chapter.
p) Operator" means all persons who have an ownership interest in
the massage establishment. A operator may also be a manager or an
owner. A proposed operator shall provide all of the information
required for and meet all of the standards and qualifications set forth
in sections 118.04 and 118.05 to qualify as an operator.
q) Operator's permit" means the permit issued pursuant to the
provisions of this chapter required to operate and/or manage a
massage establishment.
r) Out-call massage" means a massage performed or administered
for money or other consideration by a licensed massage practitioner
at a location other than a licensed massage establishment.
s) Owner" means the individual(s) whose name appears on the city
business license and includes any and all persons who have any
ownership interest in a massage establishment. An owner may also
be a operator or manager.
t) Person" means any natural person, individual, or corporation,
partnership, association or other group or combination of individuals
acting as an entity.
u) Police department" means the Police Department of the City of
Baldwin Park.
v) Qualified massage association" means any association which
meets all of the following criteria:
1) Has established, as a minimum education requirement
for membership, the completion of at least five hundred 500) hours of
training from a recognized school of massage, and has a written and
practical testing of equivalency administered and overseen by its
admissions committee or by a national certified program endorsed by
the National Commission for Certifying Agencies NCAA), which will
be considered in lieu of the minimum education requirement of five
hundred 500) hours;
2) Offers and/or requires participation and completion by
members of a minimum of eight 8) hours of specified continuing
education per year as a condition of continuing membership;
3) Is open to members of the general public, meeting the
requirements for membership on a national basis;
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4) Has minimum educational requirements or equivalents,
including at least five hundred 500) classroom hours or its equivalent
in anatomy, physiology, hygiene, sanitation, massage therapy and
practice, ethics of massage practice, first aid and CPR. Equivalency
must be verified by written and practical testing by the association;
5) The association has established rules of ethics and has
enforcement procedures for the suspension or revocation of
membership for violation of such rules.
w) Recognized school of massage" means any school or institution
of learning which teaches, through state-certified instructors, the
theory, ethics, practice, profession, or work of massage, which school
or institution complies with the California Education Code, including
but not limited to sections 94900 or 94905, and which requires a
resident course of study before the student shall be furnished with a
diploma or certificate of graduation. Schools offering a
correspondence course not requiring personal attendance shall not be
deemed a recognized school.
Sec. 118.02 Operator's Permit Required
It shall be unlawful for any person to engage in. conduct or carry on,
or to permit the engagement in. conduct of or carrying on the
business or operation of a massage establishment within the city
without first obtaining an operator's permit pursuant to the provisions
of this chapter, and complying with all other applicable provisions of
this Code. including, but not limited to, securing the necessary
business license and complying with all applicable land use
regulations.
Sec. 118.03 Exceptions
The requirements of this chapter shall not apply to the following
individuals while engaged in performing the duties of their
respective professions:
a) Physicians, surgeons, chiropractors, acupuncturists,
physical therapists or osteopaths duly licensed to practice
their respective professions in the State of California.
b) A registered or licensed vocational nurse working on the
premises of, and under the direct supervision of, a state-
licensed physician, surgeon, chiropractor or osteopath.
Practical nurses or other persons that do not meet the
requisite qualifications for a massage practitioner, or any
other person not otherwise licensed by the State of
California, whether or not employed by physicians,
surgeons, chiropractors, osteopaths, acupuncturists, or
physical therapists, may not provide massage services or
act as a massage practitioner.
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c) Hospitals, nursing homes, sanatoriums, or other health
care facilities duly licensed by the State of California.
d) Barbers, beauticians, aestheticians and manicurists who
are duly licensed by the State of California while engaging in
the practice within the scope of their respective licenses,
except that this exemption applies solely for the massaging of
the neck, face and/or scalp of the customer or client of said
barber or beautician or in the case of a licensed manicurist, the
massaging of the forearm, hands, calfs and/or feet.
e) Accredited high schools, junior colleges, and colleges or
universities whose coaches and trainers are acting within the
scope of their employment.
f) Trainers of amateur, semi-professional or professional
athletes or athletic teams.
Sec. 118.04 Operator's Permit—Applications
a) Any person desiring to obtain a permit to operate and/or manage
a massage establishment shall submit a written application under penalty of
perjury on the required form to the chief of police who shall conduct an
investigation. The application shall be accompanied by a non-refundable
filing fee established by separate resolution of the city council to help defray
the cost of the investigation required by this chapter.
b) The application shall be completed and signed by the owner of the
proposed massage establishment if a sole proprietorship or if the applicant is
a corporation or partnership, it shall designate one 1) of its officers or
general partners as its authorized representative. The authorized
representative shall complete and sign all application forms required for an
individual applicant under this chapter.
c) The application and fee required pursuant to this section shall be
in addition to any other license, permit or fee required by any other chapter of
this Code or ordinance hereafter adopted. Only one 1) application fee shall
be charged regardless of the number of owners or operators designated in
the application.
d) The application for a permit does not authorize the operation or
management of a massage establishment unless and until such permit has
been properly granted, nor does the possession of a valid massage
establishment permit authorize the possessor to perform work for which a
massage practitioner permit is required.
e) The application for a massage establishment permit shall contain
or be accompanied by the following information:
1) The type of ownership of the business, i.e., whether by
individual, partnership, corporation or otherwise.
a. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of incorporation
or charter together with the state and date of incorporation and the names
and residence addresses of each of its current officers, directors and each
stockholder holding more than five 5) per cent of the stock of that
corporation.
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b. If the applicant is a partnership, the application shall
set forth the name and residence addresses of each of the partners,
including limited partners.
c. If the applicant is a limited partnership, it shall furnish
a copy of its certificate of limited partnership filed with the secretary of state.
If one 1) or more of the partners is a corporation, the provisions of this
subsection pertaining to corporations shall apply.
2) The true, full, and precise name under which the massage
establishment is to be conducted.
3) The present or proposed address where the massage
establishment is to be conducted and all telephone numbers for the massage
establishment.
4) A complete current list of the names and residence addresses of
all massage practitioners, aides, trainees and other employees who are or will be
employed in the massage establishment if known. If not known at the time of submission of
the application, the applicant shall provide the required information no later than ten 10)
calendar days prior to opening for business.
5) The name and residence addresses of the proposed operator or
manager who will be principally in charge of the operation of the massage establishment.
6) A description of any other business operated on the same
premises as the proposed massage establishment, or within the city or the state that is
owned or operated by the owner or operator.
7) The name and address of the owner and lessor of the real
property upon or in which the proposed 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 affidavit from the owner of the property acknowledging
that a massage establishment will be located on his/her property.
8) The complete business, occupation and employment history for
eight 8) years preceding the date of application, including, but not limited to, a massage
establishment or similar type of business history and experience of the applicant.
9) The complete massage permit history; whether such person has
ever had any similar type of 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 has been or was ever denied, revoked or suspended; if a vocational or professional
license or permit has been or was ever denied, revoked or suspended; if the applicant has
ever been required to surrender a permit or license as a result of pending criminal charges
or in lieu of said permit or license being suspended or revoked and the reason therefore.
10) All criminal convictions, including pleas of nolo contendere, within
the last ten 10) years including those convictions dismissed or expunged pursuant to
Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place
of each such conviction and reason therefore.
11) A complete set of fingerprints taken by the police department.
The applicant shall be responsible for payment of any fingerprinting fee.
12) Four 4) portrait photographs at least two 2) inches by two 2)
inches in size taken within the last month.
13) Authorization for the city, its agents and employees to seek
verification of the information contained in the application.
14) Such other identification and information as the chief of police
may reasonably require in order to discover the truth of the matters herein specified and as
required to be set forth in the application.
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15) A statement in writing and dated by the person providing the
information that he or she certifies under penalty of perjury that all information contained in
the application is true and correct.
16) A certificate of compliance from any affected department or
agency, including, but not limited to, the city's development services department, building
division and the Los Angeles County Health Department, must be submitted prior to the
application's final approval. Any required inspection fees shall be the sole responsibility of
the applicant. If the chief of police does not receive the certificates of compliance within
ninety 90) calendar days of the date of filing of the application, said application shall be
deemed void. If any land use permit or other entitlement for the use of the property as a
massage establishment is required, such permit or use entitlement shall be obtained by the
applicant prior to the massage establishment permit becoming effective.
f) Every owner, operator and manager shall also provide the following
personal information:
1) The full, true name and all aliases used;
2) Date and place of birth, California driver's license, California
identification card, social security card and resident alien card, if applicable.
3) The current residence address and residence telephone number
and all previous residential addresses for a minimum of eight 8) years immediately
preceding the present address of the applicant and the dates of residence for each
address;
4) Acceptable written proof that the owner and/or operator is at least
eighteen 18) years of age;
5) Height, weight, gender and color of hair and eyes;
g) If, during the term of a permit, the permittee has any change in
information submitted on the original or renewal application, the permittee shall notify the
police department in writing of any such change within ten 10) business days thereafter.
h) If an owner, operator or manager also desires to act as a massage
practitioner or out-call massage practitioner, he or she shall also satisfy the requirements
for the respective permit set forth in this chapter.
Sec. 118.05 Operators' and managers' examination required.
a) Every operator and manager shall be required to take and pass a
written test dealing with the requirements of this chapter to ensure a complete
understanding of the owner's, operator's, manager's and employee's respective
duties prior to issuance of an operator's permit or before engaging in work at a
massage establishment.
b) The chief of police shall establish standards and procedures governing
administrating, grading and noticing of the examination required by this section.
c) The examination shall consist solely of a written test regarding the rules
and regulations for massage establishments and massage practitioners and employees as
set forth in this chapter.
d) The examination shall be prepared, conducted and graded by the city, or
in its sole discretion, by a competent instructor certified by the Council for Private Post-
secondary and Vocational Education pursuant to Education Code section 94311.1.
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e) A score of seventy 70) per cent or better is required on each section of
the written test. An applicant who fails to pass any section of the examination shall not be
eligible to take another examination until sixty 60) calendar days after the previous
examination. An applicant who fails to pass upon a second attempt, shall not again be
eligible until six 6) months thereafter. Any applicant who has failed to pass the
examination after their third attempt shall not be eligible to reapply and take the
examination for a period of two 2) years thereafter. If an applicant has three 3) or more
sustained municipal code violations during any permit period, the applicant, upon renewal,
must retake and pass the written examination designated in this chapter.
f) The examination will be in the English language. In the event the
applicant requires that any section of the examination be given in another language, the
applicant shall pay any additional fees or costs for a court-certified and Baldwin Park Police
Department-approved interpreter to interpret the examination. Proof of valid court
certification must be provided to the chief of police prior to the administration of any such
non-English language examination.
Sec. 118.06 Operator's permit—issuance or denial
a) Upon receipt of a complete written application for an operator's permit.
the chief of police shall conduct an investigation to ascertain whether a permit should be
issued as requested. The chief of police shall, within sixty 60) calendar days of receipt of
an application, approve, conditionally approve or deny the application. The sixty 60) day
period may be extended for up to thirty 30) additional calendar days, if necessary, to
complete the investigation. The chief of police shall issue such permit as requested, unless
he/she makes any of the following findings:
1) The applicant has not passed the written examination as required
by this chapter.
2) The applicant, or any of the officers or directors of the corporation,
a partner or any person directly engaged or employed in the massage establishment, has
within eight 8) years preceding the date of the application:
a. Been convicted of a violation of any provision of law
pursuant to which a person is required to register under the provisions of Penal Code
Section 290, or conduct in violation of California Penal Code Sections 266h. 266i, 314.
315, 316. 318, subsections a), b) or d) of Penal Code Section 647, 653.22, or convicted
of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or
any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the
prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of
California Penal Code Sections 415, 602 or any lesser included or related offense. in
satisfaction of. or as a substitute for, any of the previously listed crimes, or any crime
committed while engaged in the ownership of a massage establishment or the practice of
massage.
b. Been convicted of a violation of Health and Safety Code
Section 11550 or any offense involving the illegal sale, distribution or possession of a
controlled substance specified in Health and Safety Code Section 11054, 11055, 11056.
11057 or 11058.
c. Been convicted of any offense in any other state that is the
equivalent of any of the abovementioned offenses.
d. Been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the
California Penal Code, or any similar provisions of law in a jurisdiction outside the State of
California.
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e. Committed an act in another jurisdiction which, if committed
in this state, would have been a violation of law and, which, if done by a permittee under
this chapter, would be grounds for denial, suspension or revocation of the permit.
f. Has had a massage operator or massage practitioner permit
or other similar license or permit denied, suspended or revoked for cause by the city, any
state, local agency or other licensing authority, or has had to surrender a permit or license
as a result of pending criminal charges or in lieu of said permit or license being suspended
or revoked.
g. Has engaged in conduct that would constitute grounds for
suspension or revocation under section 118.29 of this chapter.
3) The owner and/or operator has made a false, misleading or
fraudulent statement or omission of fact to the city in the permit application process.
4) The application does not contain all of the information required by
section 118.04.
5) The owner and/or operator is not at least eighteen 18) years of
age.
6) The massage establishment as proposed does not comply with all
applicable laws, including, but not limited to, health, zoning, fire and safety requirements
and standards.
7) The required fee(s) has not been paid and/or all other
requirements of this chapter have not been satisfied in the time specified.
b) If the application is denied for failure to comply with subsection a)(2) or
3) of this section, the applicant may not reapply for a period of six 6) months from the
date the application was denied.
c) If the chief of police, upon completion of the investigation, determines that
the applicant does not fulfill the requirements as set forth in this chapter, the chief of police
shall deny said application by dated written notice to the applicant. The applicant shall have
the right of appeal as set forth in section 118.31.
Sec. 118.07 Operating requirements—general conditions
All owners and operators shall comply with the following general conditions
and any other conditions specified by the chief of police:
a) Except to the extent required, in writing, by a state-licensed
medical practitioner, no massage practitioner or employee shall massage the genitals,
gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any
operator or manager of a massage establishment allow or permit such a massage to the
above specified areas. A massage shall not be given and no patron shall be in the
presence of a massage practitioner, operator, manager or other employee of a massage
establishment unless the patron's genitals, gluteal fold. anus, and, if a female patron, the
female patron's breasts, are fully covered by a non-transparent covering.
b) No person granted a permit pursuant to this chapter shall use any
name or conduct business under any designation not specified in his or her permit.
c) All massage establishments required to be licensed under this
chapter shall have a manager on the premises at all times the massage establishment is
open. The operator of each massage establishment shall file a statement with the chief of
police designating the person or persons with power to act as a manager. The operator
and/or on duty manager shall post, on a daily basis, the name and photograph a minimum
size of 4" x 6") of each on-duty manager and each on-duty practitioner in a conspicuous
public place in the lobby of the massage establishment. The operator, or the manager in
the operator's absence, shall be responsible for ensuring compliance with this chapter.
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d) The operator's permit shall be displayed in a conspicuous public
place in the lobby of the massage establishment.
e) The hours of operation must be posted in the front window and
clearly visible from the outside.
f) No massage establishment required to be licensed under this
chapter shall open for business without having at least one 1) massage practitioner who
holds a current valid massage practitioner's permit for that specific massage establishment.
There shall be at least one 1) massage practitioner who holds a current valid massage
practitioner's permit on the premises, and on duty, at all times when the establishment is
open.
g) The operator and/or manager shall ensure that the massage
practitioner permit for each on-duty massage practitioner is conspicuously displayed in a
public place in the lobby and that each massage practitioner is wearing the identification
required by section 118.19(b) at all times when working in the massage establishment.
Such identification shall be provided to a city official upon demand.
h) The operator and/or manager shall ensure that all employees are
provided with an identification card that states, at a minimum, the employee's first name
and title and/or position.
i) An operator and/or manager shall be responsible for the conduct
of all massage practitioners and employees while they are on the massage establishment
premises. Any act or omission of any massage practitioner, employee or independent
contractor constituting a violation of the provisions of this chapter shall be deemed the act
or omission of the operator or manager for purposes of determining whether the operator's
license shall be revoked, suspended, denied or renewed.
G) No operator and/or manager shall employ any person as a
massage practitioner who does not have a valid massage practitioner permit issued
pursuant to this chapter. Every operator or manager shall report to the chief of police any
change of massage practitioner or employees, whether by new or renewed employment,
discharge or termination, on the form and in the manner required by the chief of police. The
report shall contain the name of the massage practitioner or employee and the date of hire
or termination. The report shall be made within five 5) calendar days of the date of hire or
termination. The operator or manager shall deliver notice of the termination of any
massage practitioner or employee no longer employed by the operator or manager to the
chief of police within five 5) calendar days of termination.
k) All persons, whether massage practitioner or employee, employed
in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully
opaque, non-transparent material and shall provide complete covering from at least the
mid-thigh to at least three 3) inches below the collarbone. Massage practitioners shall
wear fully buttoned or otherwise fully fastened opaque smocks over street clothing while
performing massage services or shall wear employee uniforms that, at a minimum, meet
the street clothing specifications set forth in this section and which are approved by the
chief of police.
I) The operator and/or manager shall maintain a register of all
massage practitioner and employees. The employee register shall be maintained on the
premises for a minimum period of two 2) years following a massage practitioner or
employee's termination. The operator and/or manager shall make the employee register
immediately available for inspection upon demand of a representative of the police
department at all reasonable times. The employee register shall include, but not be limited
to the following information:
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1) The name. nicknames and/or aliases used by an massage
practitioner or employee.
2) The massage practitioner or employees' home address and
relevant phone numbers including, but not limited to home, cellular and pager numbers).
3) The massage practitioner or employee's age, date of birth,
gender, height, weight, color of hair and eyes.
4) The massage practitioner or employee's social security
number.
5) The date of employment and termination, if any
6) The duties of each massage practitioner or employee.
m) The operator and/or manager shall ensure that all massage
practitioner's are wearing their police issued identification cards and that all employees are
wearing their employer issued identification cards at all times when working in the massage
establishment. Such identification shall be provided to a city official upon demand. The
identification card shall be worn on outer clothing with the photo side facing out. If a
massage practitioner changes his or her business address, he or she shall, prior to such
change, obtain from the chief of police a new photo identification card and advise the
police department, in writing, of the new business address.
n) No massage establishment shall operate as a school of massage.
or use the same facilities as that of a school of massage.
o) At all times, the operator, manager, massage practitioner and
employees shall comply with all provisions of this chapter and any applicable provisions of
this Code.
p) Insurance. No person shall engage in, conduct or carry on the
business of a massage establishment unless there is on file with the city clerk, in full force
and effect at all times, a policy of insurance issued by an insurance company authorized to
do business in the State of California evidencing that the permittee is insured under a
liability insurance policy providing minimum coverage of one million dollars $1,000.000.00)
for injury or death to one 1) person arising out of the operation of any massage
establishment and the administration of a massage.
Sec. 118.08 Same—Facilities
All owners, operators and managers shall comply with the following operating
requirement for facilities and any other conditions specified by the chief of police:
a) Structure. Massage establishments shall be carried on in a
structure that is located in a zoning district that permits such use. When a massage
establishment is newly constructed, three 3) sets of plans shall be submitted to the city
and the county health care agency for approval and shall be accompanied by the
appropriate plan check fee.
b) Signs. Any signs shall be in conformance with the current
ordinances of the city. Each operator and/or manager shall post and maintain, adjacent to
the main entrance and the front of the business, a readable sign identifying the premises
as a massage establishment. A sign, nor the front of the business, shall not be illuminated
by strobe or flashing lights.
c) Services list. Each operator and/or manager shall post and
maintain a list of services available and the cost of such services in the lobby of the
massage establishment in a conspicuous public place and in any other location on the
premises as the operator and/or manager deems appropriate. No operator or manager
shall permit, and no massage practitioner shall offer or perform, any service other than
those posted.
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ORD 1233 pT3 (Ìì Ò á
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a) Equipment. Each operator and/or manager shall provide and
maintain on the premises adequate equipment for disinfecting and sterilizing instruments
used in massage.
b) Linen. Common use of towels or linen shall not be permitted.
Towels and linen shall be laundered or changed promptly after each use. Separate
enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be
plainly marked clean linen" and soiled linen" and shall have doors or covers.
c) Living quarters prohibited. No person or persons shall be allowed
to reside, dwell, occupy or live inside the massage establishment at any time. Living
quarters, if any, shall be completely separate from the massage establishment. No cooking
or food preparation of any kind shall be prepared for sale or sold in the establishment
unless an appropriate food vending permit is granted by the city and the County of Los
Angeles and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole
use of employees, and shall be installed in an employees only" area. The full service
kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a
stove, and sufficient cabinets to store cooking utensils.
d) Alcoholic beverages/drugs. No person shall enter, be in or on. or
remain in or on. any art of a massage establishment while in possession of, consuming,
using or under the influence of, any alcoholic beverage or controlled substance. The
operator and/or manager shall be responsible to ensure that no such person shall enter or
remain upon the premises of the massage establishment. Service of alcoholic beverages
shall not be permitted.
e) Lotions and oils. All lotions, oils, liniment, antiseptic, powder,
cream, ointment or other similar preparations commonly used in massage establishments
as supplementary aids for massage shall be maintained in hygienic and properly labeled
containers.
f) Adult-oriented merchandise prohibited. The use or possession of
adult-oriented merchandise in or on any part of a massage establishment is expressly
prohibited.
g) Recordings. No electrical, mechanical or artificial device shall be
used by the operator and/or manager, massage practitioner or any employee of the
massage establishment for audio and/or video recording or for monitoring the performance
of a massage, or the conversation or other sounds in the massage rooms without the
knowledge and written consent of the patron.
h) Coverings. Each massage establishment shall provide to all
patrons clean, sanitary and opaque coverings of a minimum size of 30" x 60". capable of
covering the patrons' specified anatomical areas, including, but not limited to, the genital
area, anus and female breasts. No common use of such coverings shall be permitted and
re-use is specifically prohibited unless adequately cleaned prior to its re-use.
i) Records. Every operator and/or manager shall keep a record of the
dates and hours of each treatment or service, the name and address of the patron, the
name of practitioner administering such service and a description of the treatment or
service rendered. A short medical history form shall be completed by the operator and/or
manager to determine if the patron has any communicable diseases, areas of pain, high
blood pressure or any physical condition that may be adversely affected by massage.
These records shall be prepared prior to administering any massage or treatment and shall
be retained for a period of twenty-four 24) months after such treatment or service. These
records shall be open to inspection upon demand only by officials charged with
enforcement of this chapter or emergency personnel for emergency purposes and for no
other purpose. The police department may periodically inspect the records to ensure
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compliance with this section. The information furnished or secured as a result of any such
records shall be used only to ensure and enforce compliance with this chapter, or any other
applicable state or federal laws and shall remain confidential. Any unauthorized disclosure
or use of such information by any officer or employee of the city shall constitute a
misdemeanor.
j) Hours of operation. Massage operations shall be carried on or
conducted, and the premises shall be open, only between the hours of eight 8:00) a.m.
and ten 10:00) p.m. The operator and/or manager must advise the city, in writing, at the
time of submission of the application for a massage establishment permit of the hours of
operation within the times set forth above. The operator and/or manager shall notify the
city, in writing, at least thirty 30) calendar days prior to the date of the effective change, of
any changes in the hours of operation. No person shall operate a massage establishment
or administer a massage in any massage establishment or administer a massage pursuant
to an off premises massage permit between the hours of ten 10:00) p.m. and eight 8:00)
a.m. A massage begun any time before ten 10:00) p.m. must nevertheless terminate at
ten 10:00) p.m. All customers, patrons and visitors shall be excluded from the massage
establishment during these hours and be advised of these hours. The hours of operation
must be displayed in a conspicuous public place in the lobby within the massage
establishment and in the front window clearly visible from the outside.
k) Advertising. No massage establishment 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 this chapter and
posted on the premises as required by this chapter, nor shall any massage establishment
or out-call massage service employ language in the text of any advertising that would
reasonably suggest to a prospective patron that any service is available other than those
services described in this chapter and posted on the premises as required by this chapter.
I) Handicapped areas. All massage establishments must comply with
all state and federal laws and regulations for handicapped customers.
m) Compliance. Proof of compliance with all applicable provisions of
this Code shall be provided.
n) Doors. All exterior doors except back or rear exterior doors used
only for employee entrance to and exit from the massage establishment) shall remain
unlocked during business hours. All interior doors, including, but not limited to, all doors
leading to customer areas, the front reception, hallway or front exterior doors, shall not
have any locking mechanisms. A door leading from the lobby area to customer areas, if
any, shall not have any locking mechanism or be capable of being locked or blocked to
prevent entry in any manner.
o) Massage and dressing room doors. All massage and dressing
rooms shall be screened off by curtains, draw drapes, or doors that are mounted in
compliance with the building code. No massage may be given within any massage room
within a massage establishment that is fitted with a door capable of being locked.
p) Access. No person(s) other than the owner, operator, operator's
employees, holders of valid massage practitioner permits issued pursuant to this chapter
and customers will be allowed beyond the front lobby, which lobby shall be located directly
inside the front door entrance, during the hours of operation. Any other person(s) found
beyond the first interior door leading to the inside of the business including, but not limited
to. hallways, massage rooms, reception/business offices or lounge area will be in violation
of this section. Entry doors to any room shall not be obstructed by any means.
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q) Discrimination. No massage establishment may discriminate or
exclude patrons on the basis of the race, sex, religion, age or handicap.
r) Notices. The chief of police shall require that the following notice
be posted in the event that any massage practitioner or employee of the massage
establishment or any person who has been aided and abetted by an employee of the
massage establishment has been found, after full hearing by administrative proceeding or
by a state court, to have violated any of the offenses that would be grounds for denial
under section 118.06 or 118.18:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS
DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO
INSPECTION BY THE BALDWIN PARK POLICE DEPARTMENT
WITHOUT PRIOR NOTICE.
1) The chief of police shall provide the language for said notice
set forth above. Every owner, operator and/or manager required to post such notice shall
be required to pay for the cost of any and all notices required by this section.
2) The notice shall be conspicuously posted in a location
within the massage establishment that is easily visible to any person entering the premises
and in each massage room. The notices shall be posted for twelve 12) months following
the violation of any of the offenses set forth above.
Sec. 118.10 Inspections
a) The police chief and the county health department, or their authorized
representatives, shall have the right to enter the massage establishment at any time during
business hours for the purpose of making reasonable unscheduled inspections to observe
and enforce compliance with applicable regulations, laws, and provisions of this chapter.
During an inspection, the police department may also verify the identity of all employees.
b) The city's building and safety, fire department, police department and the
county health department may, from time to time, make an inspection of each massage
establishment for the purpose of determining that the provisions of this chapter, state law
or other applicable laws or regulations are met. Criminal investigations may be conducted
as directed by the chief of police. The police department may inspect the occupied
massage rooms for the purpose of determining that the provisions of this chapter are met
upon occurrence of any of the conditions described in section 118.09(r) that would require
the posting of the Notice to All Patrons".
c) Inspections of the massage establishment shall be conducted during
business hours.
d) An operator, manager, their agents, servants, massage practitioner or
employee commits a punishable offense if he or she refuses to permit, delays or interferes
with a lawful inspection of the premises by a representative of the police department at any
time it is occupied or open for business.
Sec. 118.11 Operator's permit—Non-assignability
No operator's permit may be sold. transferred or assigned by a permittee, or
by operation of law, to any other person or persons. 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 null and void except as
hereinafter set forth.
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Sec. 118.12 Same—Change in ownership of business
a) If the permittee is a partnership and one 1) or more of the partners
should die, one 1) 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 such case, the permit, upon notification to the chief of
police, shall be placed in the name of the surviving partners. One 1) or more proposed
partners in a partnership granted a permit hereunder may make application to the chief of
police, together with the fee established by the city council, 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 1) or more partners to the proposed
partner or partners may occur.
b) 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 chief of police, 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.
Sec. 118.13 Same—Change of location or name
a) Every operator and/or manager shall report immediately to the police
department any and all changes of name or designation under which the business is to be
conducted, and all changes of address or telephone numbers of the massage
establishment. The chief of police may approve a change of location of the massage
establishment provided there is compliance with all applicable regulations of the city.
b) No permittee shall operate, conduct, manage, engage in, or carry on the
business of a massage establishment under any name other than the person's name and
the name of the massage establishment specified in the permit.
c) Any application for an extension or expansion of a building or other place
of business of a massage establishment shall require inspection(s) and shall comply with
the provisions and regulations of this chapter and all other city ordinances including, but
not limited to. zoning ordinances and building, safety and occupancy standards.
Sec. 118.14 Applicability to existing massage establishments
a) Commencing on the effective date of the ordinance codified in this
chapter, all permits for a massage establishment are to be issued in accordance with the
provisions of this chapter.
b) The provisions of this chapter 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 six 6) months or until the expiration
of their current business license, whichever is greater, to comply with the terms hereof.
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Sec. 118.15 Massage practitioners—Permit required.
No person shall perform or administer a massage, or advertise to provide
massage services in the city, unless such person has in effect a valid massage practitioner
permit issued pursuant to sections 118.18 of this chapter. Each massage practitioner
permit holder shall be issued a photo identification badge and a massage practitioner
permit. The permit holder shall wear the identification badge on his or her person at all
times when working in the massage establishment and shall ensure that the massage
practitioner permit is displayed in a conspicuous place in the lobby during business hours.
Each permit holder shall immediately surrender to the chief of police any identification
badge and massage practitioner permit issued by the city upon the suspension, revocation,
or expiration of such permit.
Sec. 118.16 Same—Permit application
a) Any person desiring to obtain a massage practitioner permit shall file a
written application under penalty of perjury on the required form with the chief of police who
shall conduct an investigation. The application shall be accompanied by a nonrefundable
filing fee established by separate resolution of the city council to help defray the cost of the
investigation required by this chapter.
b) The application and fee required pursuant to this section shall be in
addition to any other license, permit or fee required by any other chapter of this Code or
ordinance hereafter adopted.
c) The application for a massage practitioner permit shall contain or be
accompanied by the following information:
1) A statement of the exact location at which the applicant will be
working as a massage practitioner, including the full street address and all telephone
numbers associated with said location. 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.
2) The applicant's complete business, occupation and employment
history for eight 8) years preceding the date of application, including, but not limited to, a
massage practitioner license or similar type of business history and experience of the
applicant;
3) The complete massage practitioner permit history of the applicant;
whether such person has ever had any similar type of 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 has been or was ever denied, revoked or suspended;
if a vocational or professional license or permit has been or was ever denied, revoked or
suspended; if the applicant has ever surrendered a permit or license as a result of pending
criminal charges or in lieu of said permit or license being suspended or revoked and the
reason therefore;
4) All criminal convictions, including pleas of nolo contendere, within
the last ten 10) years including those dismissed or expunged pursuant to Penal Code
Section 1203.4, but excluding minor traffic violations, and the date and place of each such
conviction and reason therefore;
5) A complete set of fingerprints taken by the police department. The
applicant shall be responsible for payment of any fingerprinting fee.
6) Four 4) portrait photographs of the applicant at least two 2)
inches by two 2) inches in size taken within the last month.
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7) A certificate from a medical doctor licensed to practice in the state
stating that the applicant has, within at least thirty 30) calendar days immediately
preceding the date of application, been examined and found to be free of any contagious
or communicable disease.
8) Such other information and identification as the chief of police may
require in order to discover the truth of the matters herein specified and as required to be
set forth in the application.
9) Authorization for the city. its agents and employees to seek
verification of the information contained in the application.
10) A statement in writing, and dated, by the applicant that he or she
certifies under penalty of perjury that all information contained in the application is true and
correct.
d) Each applicant shall also provide the following personal information
concerning the applicant:
1) The full, true name and all aliases used by the applicant;
2) Date and place of birth, California driver's license or California
identification card, social security card and resident alien card, if applicable.
3) The current residence address and residence telephone number
and all previous residential addresses for a minimum of eight 8) years immediately
preceding the present address of the applicant and the dates of residence for each
address;
4) Acceptable written proof that the applicant is at least eighteen 18)
years of age;
5) Height, weight, color of hair, eyes and gender.
e) If, during the term of a permit, a permit holder has any change in
information submitted on the original or renewal application, the permit holder shall notify
the police department of such change within ten 10) business days thereafter, in writing.
f) In addition to the above information, each applicant must also furnish:
1) An original or certified copy of a diploma or certificate and certified
transcript of graduation from a recognized school of massage; and
2) Either one 1) of the following documents:
a. Proof of passage of an independently prepared and
administered national certification exam which has been recognized by objective standards
to fairly evaluate professional levels of skill, safety and competence as determined by a
qualified massage association; or
b. Proof of membership or the ability to obtain membership in a
qualified massage association.
g) The applicant must also supply a course description, an outline of
material covered, and a letter to the city from the school administrator verifying completion.
h) The applicant must also supply an original, valid state CPR certificate.
i) Any outside course of study submitted for approval shall meet the State of
California's Office of Post-secondary Education's minimum requirements and shall be for a
minimum of completion of five hundred 500) hours of on-premises training.
Sec. 118.17 Same—Written examination required.
a) Every massage practitioner shall be required to take and pass a written
test prior to issuance of a massage practitioner's permit and before engaging in work at a
massage establishment.
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b) The chief of police shall establish standards and procedures governing
administrating, grading and noticing of the examination required by this section.
c) The chief of police, in his sole discretion, may accept an applicant's
passing written test results, or equivalent thereof, from another city in lieu of the applicant
taking the written test required by this section. Notwithstanding that such test results may
be accepted by the chief of police, an applicant shall still be required to comply with all
other requirements of this chapter.
d) The written test required by this section shall test the competency and
ability of the applicant to engage in the practice of massage, including, but not limited to,
the applicant's knowledge of the following basic subjects: anatomy, physiology, ethics,
hygiene, the practice and theory of massage, as massage is defined in this Code, and
CPR. The test shall also test the applicant's knowledge of the rules and regulations set
forth in this chapter to ensure a complete understanding of the massage practitioner's
duties established herein.
e) The examination shall be prepared, conducted and graded by the city, or
in its sole discretion, by a competent instructor certified by the Council for Private Post-
secondary and Vocational Education pursuant to Education Code Section 94311.1.
f) A score of seventy 70) per cent or better is required on each section of
the written test. An applicant who fails to pass any section of the examination shall not be
eligible to take another examination until sixty 60) calendar days after the previous
examination. An applicant, who fails to pass upon a second attempt, shall not again be
eligible until six 6) months thereafter. Any applicant who has failed to pass the
examination after their third attempt shall not be eligible to reapply and take the
examination for a period of two 2) years thereafter. If an applicant has three 3) or more
sustained municipal code violations during any permit period, the applicant, upon renewal,
must retake and pass the written examination designated in this chapter.
g) The examination will be in the English language. In the event the
applicant requires that any section of the examination be given in another language, the
applicant shall pay any additional fees or costs for a court-certified and Baldwin Park Police
Department-approved interpreter to interpret the examination. Proof of valid court
certification must be provided to the chief of police prior to the administration of any such
non-English language examination.
h) An identification number shall be issued to all applicants sitting for an
examination. Within seven 7) calendar days of the completion of a scheduled examination,
a pass/fail score, listed by identification number, shall be posted on the first floor of city hall
on the public notice board for a period of thirty 30) calendar days. All test scores are final
and not subject to appeal.
Sec. 118.18 Same—Issuance and denial
a) Upon receipt of a written application for a massage practitioner's permit,
the chief of police shall conduct an investigation to ascertain whether such permit should
be issued as requested. The chief of police shall approve, conditionally approve or deny
the application within sixty 60) calendar days of the filing of an application. The sixty 60)
day period may be continued for an additional thirty 30) calendar days if necessary to
complete the investigation. The chief of police shall issue such permit as requested, unless
he/she makes any of the following findings:
1) The applicant has not passed every section of the practical and
written examination as required by this chapter.
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2) The applicant has within ten 10) years preceding the date of the
application been convicted of any of the following:
a. A violation of any provision of law pursuant to which a
person is required to register under the provisions of Penal Code Section 290, or conduct
in violation of California Penal Code Sections 266h, 266i. 314,315,316.318. subsections
a), b) or d) of Penal Code Section 647, 653.22, or convicted of an attempt to commit or
conspiracy to commit any of the above mentioned offenses, or any other crime involving
dishonesty, fraud, deceit, moral turpitude or an act of violence or when the prosecution
accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal
Code Sections 415,602 or any lesser included or related offense, in satisfaction of, or as a
substitute for, any of the previously listed crimes, or any crime committed while engaged in
the ownership of a massage establishment or the practice of massage.
b. A violation of Health and Safety Code Section 11550 or any
offense involving the illegal sale, distribution or possession of a controlled substance
specified in Health and Safety Code Sections 11054. 11055, 11056, 11057 or 11058. or
c. Any offense in any other state that is the equivalent of any of
the above-mentioned offenses.
3) That the applicant has committed an act in another jurisdiction
that, if committed in this state, would have been a violation of law and, which, if done by a
permittee under this chapter, would be grounds for denial, suspension or revocation of the
permit.
4) That the applicant has engaged in conduct which would constitute
grounds for suspension or revocation under section 118.29 of this chapter.
5) The applicant has had a massage operator or massage
practitioner permit or other similar license or permit denied, suspended or revoked for
cause by the city, any state, local agency or other licensing authority, or has had to
surrender a permit or license as a result of pending criminal charges or in lieu of said
permit or license being suspended or revoked within eight 8) years prior to the date of the
application.
6) The applicant has knowingly made a false, misleading or
fraudulent statement or omission of fact to the city in the permit application process.
7) The application does not contain the information required by
section 118.16.
8) The applicant is not at least eighteen 18) years of age.
9) The applicant has not paid the required fee(s) and/or satisfied all
other requirements of this chapter in the time specified.
b) If the application is denied for failure to comply with subsection a)(5) or
a)(6) of this section, the applicant may not reapply for a period of six 6) months from the
date the application was denied.
c) If the chief of police, upon completion of the investigation, determines that
the applicant does not fulfill the requirements as set forth in this chapter, the chief of police
shall deny said application by dated written notice to the applicant. The applicant shall have
the right of appeal as set forth in section 118.31.
Sec. 118.19 Same—General conditions
All massage practitioners shall comply with the following conditions and any
other conditions specified by the chief of police on issuance of the massage practitioner's
permit:
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a) Except to the extent required, in writing, by a state-licensed medical
practitioner, no massage practitioner shall massage or allow a massage practitioner aide,
or employee to massage the genitals, gluteal fold, or anal area of any patron or the breasts
of any female patron. Nor shall any massage practitioner, massage practitioner aide or
employee solicit or allow a patron to touch or massage in any manner the genitals, gluteal
fold, or anal area of a massage practitioner, massage practitioner aide or employee, or the
breasts of any female massage practitioner, massage practitioner aide or employee. A
massage shall not be given and no patron shall be in the presence of a massage
practitioner, massage practitioner aide, operator, manager or other employee of a massage
establishment unless the patron's genitals, gluteal fold, anus, and, if a female patron, the
female patron's breasts, are fully covered by a non-transparent covering.
b) The massage practitioner shall wear on their person a photo identification
card prepared and issued by the city at all times when present in the massage
establishment. Such identification shall be provided to the chief of police upon demand.
The identification card shall be worn on outer clothing with the photo side facing out. If a
massage practitioner changes his or her business address, he or she shall, prior to such
change, obtain from the chief of police a new photo identification card and advise the
police department, in writing, of the new business address.
c) Massage practitioners shall not perform any massage at any location
other than the location specified on the permit, unless performing an out-call massage
pursuant to a separate permit.
d) While on duty, the massage practitioner shall not use any name or
designation or conduct business under any other name or designation than the name
specified in his or her permit and photo identification card.
e) Massage attendants shall be fully clothed at all times. Clothing shall be of
a fully opaque, non-transparent material and provide complete covering from at least the
mid-thigh to at least three 3) inches below the collarbone. Massage practitioners shall
wear fully buttoned or otherwise fully fastened opaque smock over street clothing while
performing massage services or shall wear employee uniforms that, at a minimum, meet
the street clothing specifications set forth in this section and which are approved by the
chief of police.
f) A massage practitioner shall consent to, and shall not prevent, delay or
interfere with an inspection of the massage establishment by the city's development
services, fire department, police department and the health department for the purpose of
determining that the provisions of this chapter or other applicable laws or regulations are
met. The massage practitioner shall consent to the inspection of the occupied massage
rooms by the police department for the purpose of determining that the provisions of this
chapter are met.
Sec. 118.20 Same—Non-assignability
No massage practitioner permit may be sold, transferred or assigned by a
permittee, or any operation of law, to any other person or persons. 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 null and void.
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Sec. 118.21 Massage practitioner—Additional or change in locations
In the event a massage practitioner currently licensed by the city seeks
employment at a massage establishment in addition to or different from the establishment
indicated on the original application, the permittee shall notify the city in writing within ten
10) calendar days from the date the permittee is employed by the establishment where the
permittee is to provide massage services. No additional fee shall be required.
Sec. 118.22 Applicability to existing massage practitioners
a) Commencing on the effective date of the ordinance codified in this
chapter, all permits for a massage practitioner are to be issued in accordance with the
provisions of this chapter.
b) The provisions of this chapter 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 practitioners legally permitted to
do business in the city prior to the effective date hereof shall have six 6) months or until
the expiration of their current permit, whichever is greater, to comply with the terms hereof.
Sec. 118.23 Out-call massage permit
It shall be unlawful for any massage establishment or massage practitioner to
provide, or to offer to provide, massage at any location except at the place of business
approved in the permit for a massage establishment or massage practitioner; provided,
however, that a massage establishment or massage practitioner may obtain a special
endorsement to their respective permit specifically authorizing out-call massage services.
Sec. 118.24 Same-application
a) Any massage establishment or massage practitioner desiring to provide
out-call massage services shall submit to the chief of police an application to provide out-
call massage services within the city. The application shall be accompanied by a
nonrefundable filing fee established by separate resolution of the city council to help defray
the cost of the investigation required by this chapter. In addition to the requirement herein
pertaining to an operator's permit and/or massage practitioner permit application, the
applicant shall also submit detailed information, on the form provided by the police
department, setting forth the manner and means of transporting, to and from the premises
where out-call massage services are to be performed; clean, sanitary towels, coverings,
linens and sterilized instruments to be utilized, as well as any supplementary aids,
equipment or devices to be utilized and the method(s) of disposal thereof.
b) The application and fee required pursuant to this section shall be in
addition to any other license, permit or fee required by any other chapter of this Code or
ordinance hereafter adopted.
Sec. 118.25 Same—Issuance and denial
a) Upon receipt of a complete written application for a permit, the chief of
police shall conduct an investigation to ascertain whether such permit should be issued as
requested. The chief of police shall approve, conditionally approve or deny the application
within sixty 60) calendar days of the filing of an application. The sixty 60) day period may
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be continued for an additional thirty 30) calendar days if necessary to complete the
investigation. The chief of police shall issue such permit as requested, unless he/she
makes any of the findings as set forth in section 118.18 of this chapter.
Sec. 118.26 Same—Out-call massage records required.
All massage practitioners authorized to perform out-call massage services
hereunder shall keep a separate written record, at the massage practitioner's principal
place of business, of all out-call massage services performed. The record shall include, but
not be limited to the dates and hours of each treatment or service, the full name and
complete address of the patron, the name of practitioner administering such service and a
description of the treatment or service rendered. A short medical history form shall be
completed by the out-cal! massage practitioner to determine if the patron has any
communicable diseases, areas of pain, high blood pressure or any physical condition
which may be adversely affected by massage. These records shall be prepared prior to
administering any out-call massage or treatment and shall be retained for a period of
twenty-four 24) months after such treatment or service. These records shall be open to
inspection upon demand only by officials charged with enforcement of this chapter or
emergency personnel for emergency purposes and for no other purpose. The police
department may periodically inspect the records to ensure compliance with this section.
The information furnished or secured as a result of any such records shall be used only to
ensure and enforce compliance with this chapter, or any other applicable state or federal
laws and shall remain confidential. Any unauthorized disclosure or use of such information
by any officer or employee of the city shall constitute a misdemeanor.
Sec. 118.27 Out-call massage permit—Non-assignability
No out-call massage permit may be sold. transferred or assigned by a
permittee, or any operation of law, to any other person or persons. 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 null and void.
Sec. 118.28 Permit—Term and renewal
a) Permits for massage establishments, massage practitioners and out-call
massage shall be for a period of one 1) year, unless sooner revoked as set forth in this
chapter.
b) No permit granted herein shall confer any vested right to any person or
business for more than the permit period. All massage operators and practitioners subject
to this chapter shall comply with the provisions of this chapter and as they may be
amended hereafter.
c) Applications for the renewal of a permit shall be filed with the chief of
police at least sixty 60) calendar days before the expiration of then- current permit.
Temporary permits will not be issued. Any permittee allowing his or her permit to
lapse or which permit expires during a suspension shall be required to submit an
new application and pay the corresponding original application fees.
d) Any person desiring to obtain a renewal of his/her respective permit shall
file a written application under penalty of perjury on the required form with the chief of
police who shall conduct an investigation. The application shall be accompanied by a
nonrefundable filing fee established by separate resolution of the city council to help defray
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the cost of the investigation required by this chapter. An applicant shall be required to
update the information contained in his/her original permit application and provide any new
and/or additional information as may be reasonably required by the chief of police in order
to determine whether said permit should be renewed.
e) A massage practitioner permittee shall also be required to submit with his
or her renewal application the following documents:
1) A certificate, under penalty of perjury, from a medical doctor
licensed to practice in the state stating that the applicant has, within at least thirty 30)
calendar days immediately preceding the date of application, been examined and found to
be free of any contagious or communicable disease.
2) Proof that the applicant, has within four 4) years immediately
preceding the date of filing an application for renewal, passed the written examination
described in section 118.17 or submits proof of completion of at least fifty 50) hours of
continuing education courses in massage from a recognized school of massage or a
qualified massage association. A maximum of eight 8) hours may be applied toward the
fifty 50) hours of continuing education required by this section for obtaining the state CPR
certificate required by section 118.16(h).
Failure to provide the above documents shall be grounds for non-renewal of
the massage practitioner's permit.
f) The chief of police shall have sixty 60) calendar days to investigate the
renewal application and shall render a decision within said sixty 60) calendar days, but no
later than the date of expiration of the permit.
Sec. 118.29 Suspension, revocation, denial and appeal
a) Violation and noncompliance. Failure of a permittee to comply with any
requirement imposed by this chapter or any other conditions imposed pursuant to the
permit shall be grounds for non-renewal, suspension or revocation of the permit.
1) A violation of any of the provisions of this chapter, or if an operator
or manager has been convicted of any law specified in section 118.06(a).
2) The chief of police makes any of the findings necessary to deny a
permit under section 118.06.
3) If there have been repeated violations of the provisions of this
chapter which requires ongoing supervision or action by law enforcement officers which
demonstrates that the operator and/or manager is unable to operate or manage the
massage establishment in a law abiding manner.
b) Suspension, non-renewal or revocation of massage practitioner or out-
call massage permit. The chief of police may suspend, revoke or refuse to renew a
massage practitioner or out-call massage permit if any of the following conditions exists:
1) A violation of any of the provisions of this chapter, or if a massage
practitioner has been convicted of any law specified in section 118.18(a).
2) The chief of police makes any of the findings necessary to deny a
permit under section 118.18.
Sec. 118.30 Notice
When the chief of police concludes that grounds for denial, suspension,
revocation or refusal to renew a permit exist, the chief of police shall serve the applicant or
permit holder, either personally or by certified mail addressed to the address listed on the
application, with a notice of denial, non-renewal or notice of intent to suspend or revoke a
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permit the notice"). This notice shall state the reasons for the proposed action, the
effective date of the decision, the right of the applicant or permit holder to appeal the
decision to the Chief Executive Officer and that the chief of police's decision will be final if
no appeal is filed within the time stated.
Sec. 118.31 Appeal
a) The right to appeal to the Chief Executive Officer shall terminate upon the
expiration of fifteen 15) calendar days from the date service of the above notice. The
appeal shall be personally delivered to or sent by certified mail to the office of the city clerk.
The time for filing an appeal shall begin from the date of personal service or the date of
acknowledgment on the certified mail of the above notice.
b) In the event an appeal is timely filed, the suspension or revocation shall
not become effective until a final decision has been rendered by the Chief Executive
Officer. If no appeal is filed, the suspension or revocation shall become effective upon the
expiration of the period for filing an appeal.
c) The Chief Executive Officer shall set a date, time and place for a hearing
on appeal and shall notify the appellant of such date, time and place of the hearing. Said
notice shall be sent by certified mail with proof of service attached, to the appellant,
applicant or permittee at least ten 10) calendar days prior to the date of the hearing,
addressed to the address listed on the respective application or, the address given in the
notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the
basis for the proposed action, a copy of the documents upon which the notice was based
and will have the opportunity to present contrary evidence at the hearing.
d) The Chief Executive Officer, in his sole discretion, may grant or deny a
request for a continuance.
e) The Chief Executive Officer shall preside over the hearing on appeal or,
in the alternative, the Chief Executive Officer may appoint a hearing officer to conduct the
hearing and receive relevant evidence. The Chief Executive Officer or his designee shall
render a written decision within forty-five 45) calendar days from the date of the hearing.
The decision of the Chief Executive Officer or his designee shall be final.
f) The following rules and evidence shall apply at the hearing:
1) Oral evidence shall be taken only under oath or affirmation. The
Chief Executive Officer or designee shall have authority to administer oaths, and to receive
and rule on admissibility of evidence.
2) Each party shall have the right to call and examine witnesses, to
introduce exhibits, and to cross-examine opposing witnesses who have testified under
direct examination. The Chief Executive Officer or his or her designee may also call and
examine any witness.
3) Technical rules relating to evidence and witnesses shall not apply
to hearings provided for in this chapter. Any relevant evidence may be admitted if it is
material and is evidence customarily relied upon by responsible persons in the conduct of
their affairs regardless of the existence of any common law or statutory rule that might
make admission of such evidence improper over objection in civil actions. Hearsay
testimony may be admissible and used for the purpose of supplementing or explaining any
evidence given in direct examination, but shall not be sufficient in itself to support a finding
unless such testimony would be admissible over objection in civil actions. The rules of
privilege shall be applicable to the extent they are now, or are hereafter permitted in civil
actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.
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Sec. 118.32 New application after denial or revocation of permit
A person may not apply for a permit pursuant to this chapter within one 1)
year from the denial or revocation of such permit.
Sec. 118.33 Surrender of permit
Any person to whom a permit has been issued pursuant to this chapter shall
immediately surrender his or her permit to the chief of police upon its suspension or
revocation.
Sec. 118.34 Fees
The city council shall establish by resolution, and from time to time may
amend, the fees for the administration of this chapter. The city shall include in this
resolution a health services fee schedule prescribing annual fees to be paid by the
operator of each massage establishment, such fees to be paid directly to the Los Angeles
County Health Department and retained by the county as reimbursement for said services
related to this chapter. Fees required by this chapter shall be in addition to any other fees
that may be required under any other chapter of this Code.
Sec. 118.35 Violation and penalty
a) Any person who violates any provision of this chapter is guilty of a
misdemeanor.
b) Any massage establishment operated, conducted or maintained contrary
to the provisions of this chapter shall be, and the same is declared to be. unlawful and a
public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or proceedings, for the abatement,
removal and enjoinment thereof, in the manner provided by law, and shall take such other
steps and shall apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such massage establishments and restrain and enjoin any person
from operating, conducting or maintaining a massage establishment contrary to the
provisions of this chapter.
c) The penalties set forth herein, including, but not limited to, the
requirement for posting the notice described in section 118.09(r), are cumulative and in
addition to all other remedies, violations and penalties set forth in this chapter, or in any
other ordinances, laws, rules or regulations of the City of Baldwin Park, County of Los
Angeles and the State of California.
SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall
have it published in accordance with the provisions of state law.
PASSED AND APPROVED this S^Oay oLMay). 2004.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, Kathleen R. Sessman, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance was introduced at a regular meeting of the City Council
held April 21,2004 and was adopted by the City Council at its regular meeting held on May
5, 2004 by the following vote of the Council:
AYES:
COUNCILMEMBERS:
Marien Garcia, David Olivas, Bill Van Cleave,
Mayor Pro Tern Ricardo Pacheco, and Mayor
ManuelLozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
A^^>«^Q^»^ nnQ-^
KATHLEEN K. SE&SMAN
DEPUTY CITY CLERK
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ÿÿOrdinance No. 1233
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d) Lighting. Minimum lighting for a massage establishment shall be
provided in accordance with Article 220 of the National Electric Code or successor
provision or provisions. White light illumination shall be activated at all times while the
patron is in a massage room. No strobe, or flashing lights shall be used. No colored lights
shall be used nor shall any coverings be used which change the color of the primary light
source.
e) Ventilation. The operator and/or manager shall provide in each
massage room, minimum ventilation in accordance with the Section 304.5 of the Uniform
Building Code or successor provision or provisions.
f) Toilet facilities. A minimum of one 1) toilet and one 1) separate
wash basin shall be provided for patrons in each massage establishment, which basin shall
provide soap or detergent and hot and cold running water at all times and shall be located
within close proximity to the massage rooms. A permanently installed soap dispenser, filled
with soap. and a single service towel dispenser shall be provided at the restroom wash
basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet
room.
g) Bathing, dressing and locker facilities. If provided, there shall be a
minimum of one 1) shower and one 1) dressing room containing a separate locker
capable of being locked for patrons to be served at the massage establishment. The
shower facility shall be equipped with soap or detergent and hot and cold running water at
all times and shall be located within close proximity to the massage rooms. Bar soaps shall
not be used.
h) Separate rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms, dressing
and toilet facilities shall be provided for male and female patrons. Each separate facility or
room shall be clearly marked as such.
i) Maintenance. 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 with a disinfectant approved by the county
health department, as needed, but at least once each day the premises are open. All
facilities for the massage establishment must be in good repair and shall be thoroughly
cleaned and sanitized at least on a daily basis when the business is in operation. All walls,
floors and ceilings of each restroom and shower area shall be constructed with materials
that are smooth and easily cleanable. No carpeting shall be installed in any of these
specified areas.
j) Massage tables. A massage table shall be provided in each
massage room and all massages shall be performed on the massage table. The tables
should have a minimum height of eighteen 18) inches. Two-inch thick foam pads with a
maximum width of four 4) feet may be used on a massage table and must be covered with
durable, washable plastic or other waterproof material acceptable to the county health
department. Beds, floor mattresses and waterbeds shall not be permitted on the premises.
k) Front door. One 1) front door that enters into the lobby and/or
other waiting room shall be provided for customer use. All customers and any other
persons other than massage practitioners or employees shall be required to enter and exit
through the front door of the establishment.
Sec. 118.09 Same—Operations
All owners, operators and managers shall comply with the following operating
requirements and any other conditions specified by the chief of police:
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