ORD 399 ORDINANCE NO. 399
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING
BUSINESS PERMITS AND REGULATIONS RELATING TO MASSAGE
ESTABLISHMENTS AND TECHNICIANS AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 5.08 of Title 5 of the Rancho Palos Verdes
Municipal Code is hereby amended by repealing Sections 5.08.060 through 5.08.210,
inclusive, in their entirety.
Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Chapter 5.10 thereto to read as follows:
"Chapter 5.10
BUSINESS AND OCCUPATION PERMITS
Sections:
5.10.010 Definitions.
5.10.020 Permit required for certain businesses.
5.10.030 Permit issuance procedure.
5.10.040 Grounds for denying permit application.
5.10.050 Presentment of permit.
5.10.060 Permit renewal procedure.
5.10.070 Business permit transfers and changes.
5.10.080 Permit modification, suspension and revocation procedure.
5.10.090 Grounds for modifying, suspending or revoking permit.
5.10.100 Conditions of approval.
5.10.110 Refund of fee.
5.10.120 Business license required.
5.10.130 Judicial review.
5.10.010. Definitions.
For the purpose of this chapter, unless it is plainly evident form the context
that a different meaning is intended, the following definitions shall apply:
(a) `Adult entertainment business' means any of the following:
(1) Adult arcade. An `adult arcade' means any place to which the
public is permitted or invited wherein coin-operated, slug-operated, or for any form of
consideration, electronically, electrically, or mechanically controlled still or motion
picture machines, projectors, computers, video or laser disc players, or other image-
producing devices are maintained to show images to five (5) or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by the depicting or describing of specified sexual activities or specified
anatomical areas.
(2) Adult bookstore, adult novelty store or adult video store. An `adult
bookstore,' `adult novelty store,' or `adult video store' means an establishment which as
a regular and substantial course of conduct offers for sale, rent, or viewing for any form
of consideration either adult entertainment material, adult entertainment merchandise,
or both. A commercial establishment may have other business purposes that do not
involve the offering for sale or rental of adult entertainment material and/or adult
entertainment merchandise and still be categorized as an adult bookstore, adult novelty
store, or adult video store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore, adult novelty
store, or adult video store so long as the establishment offers for sale, rent or viewing as
a regular and substantial course of conduct either adult entertainment material, adult
entertainment merchandise, or both.
(3) Adult cabaret. An `adult cabaret' is an establishment that serves
food or beverages and that, for any form of consideration, as a regular and substantial
course of conduct presents:
(A) persons who appear nude or semi-nude; or
(B) live performances which are characterized by specified
sexual activities.
(4) Adult Model Studio. An `adult model studio' means a business
which provides, for any pecuniary compensation, monetary or other consideration, hire
or reward, figure models who, for the purposes of sexual stimulation of patrons, display
specified anatomical areas to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons paying such consideration. `Adult model
studio' does not include schools maintained pursuant to standards set by the State
Board of Education.
(5) Adult motel. An `adult motel' means a hotel, motel or similar
commercial establishment which:
(A) Offers accommodations to the public for any form of
consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides,
or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities
or specified anatomical areas; and has a sign visible from
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the public right of way which advertises the availability of this
adult type of photographic reproductions; or
(B) Offers a guest/sleeping room for rent for a period of time
that is less than ten hours; or
(C) Rents, leases or lets any single guest/sleeping room
more than twice in any twenty-four hour period;
(D) Allows a tenant or occupant of a sleeping room to sub-
rent the room for a period of time that is less than ten hours.
(6) Adult motion picture theater. An `adult motion picture theater' is an
establishment which, for any form of consideration, as a regular and substantial portion
of conduct, offers films, computer-generated images, motion pictures, video cassettes,
slides, or other photographic reproductions to six or more persons which are
characterized by an emphasis upon specified sexual activities or the exposure of
specified anatomical areas.
(7) Adult theater. An `adult theater' is an establishment which regularly
features persons who appear nude or semi-nude, or presents live performances that are
characterized by an emphasis upon specified sexual activities.
(8) Sexual Encounter Center. A `sexual encounter center' means a
business or commercial enterprise that, for any form of consideration, as one of its
principal business purposes, offers either of the following:
(A) Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
(B) Activities between male and female persons and/or persons of the same sex
when one or more of the persons is nude or semi-nude.
(9) Other. Any business or establishment that, for any form of
consideration, as a regular and substantial portion of conduct, offers to its patrons
products, merchandise, services or entertainment characterized by an emphasis upon
specified sexual activities or the exposure of specified anatomical areas.
(b) `Adult entertainment material' means any book, periodical, magazine,
photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual
representation, characterized by an emphasis upon specified sexual activities or the
exposure of specified anatomical areas.
(c) `Adult entertainment merchandise' means adult entertainment implements
or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible
underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated
vaginas and similar adult entertainment devices that are designed or marketed primarily
for the stimulation of human genital organs or sadomasochistic activity.
(d) `Characterized by an emphasis upon' means the dominant or essential
theme of the object described by such phrase.
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(e) `Constitutionally protected expressive activity' means any activity
protected by the First Amendment to the United States Constitution or
Article 1, Section 2 of the California Constitution.
(f) Director' means the assistant city manager or his or her designee.
(g) `Entertainer' means a person who, for any form of consideration, performs
at an adult entertainment business. Such persons shall constitute `entertainers'
regardless of their legal relationship (e.g., employee, owner or independent contractor)
with the adult entertainment business.
(h) `Massage establishment' means any place of business where any person
engages in, conducts, or carries on, or permits to be engaged in, conducted or carried
on, any business of giving a massage.
(i) `Massage' and `massage services' means and includes any method of
treating the external 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, manipulation, or stimulating the external parts of the body, with or without the
aid of any mechanical or electrical apparatus or appliances, and with or without
supplementary aids such as water, rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotions, ointments, or other similar preparations.
`Massage' and `massage services' shall further include any bath, shower,
electric tub, sponge bath, facial massage, fomentations, massage, electric or magnetic
treatment, acupressure, shiatsu, alcohol rubs, and Russian, Swedish, Japanese or
Turkish baths.
(j) `Massage technician' or `masseuse' means any person who administers to
another person, for any form of consideration, massage or massage services.
`Massage technician' shall include a student at a recognized school of massage who
administers a massage to any person for payment whether the payment is received by
the student, school, or a massage establishment. A `massage technician' also includes
any person hired or employed by a person or facility listed in Section 5.24.310 of this
title to administer a `massage' or provide `massage services,' unless the massage
technician also is included within one of the exceptions specified in Section 5.24.310.
(k) Nude,' `nudity,' or a `state of nudity' means the showing of the human
male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a
fully opaque covering, the showing of the female breast with less than a fully opaque
covering of any part of the nipple, or the showing of the covered male genitals in a
discernibly turgid state.
(I) `Permittee' means any person with a permit to operate a massage
business or to work as a massage technician.
(m) `Person' means any individual, firm, business, partnership, corporation,
cooperative, company, association, joint stock association, church, religious sect,
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religious denomination, society, organization, or league and shall include any trustee,
receiver, assignee, agent, solicitor, or other similar representative thereof.
(n) `Recognized school of massage' means any school or institution of
learning which teaches the theory, ethics, practice, profession, or work of massage,
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. The city shall have a right to confirm that the applicant has actually attended
class in a recognized school.
(o) `Regular and substantial course of conduct' and `regular and substantial
portion of business' means that any of the following conditions exist:
(1) At least twenty percent (20%) of the stock-in-trade is devoted to
adult entertainment material, adult entertainment merchandise, or both; provided,
however, that this criteria shall not apply to mail order businesses or wholesale
businesses with no patrons on the premises.
(2) At least twenty percent (20%) of the total display area is devoted to
adult entertainment material, adult entertainment merchandise, or both; provided,
however, that this criteria shall not apply to mail order businesses or wholesale
businesses with no patrons on the premises.
(3) The business presents any type of entertainment, live or otherwise,
characterized by an emphasis on specified sexual activities or featuring any nude or
semi-nude person on any four (4) or more separate days within any thirty (30) day
period.
(4) At least twenty percent (20%) of the gross receipts of the business
are derived from the sale, trade, rental, display or presentation of services, products,
materials or entertainment which is characterized by an emphasis on specified sexual
activities or the exposure of specified anatomical areas.
(p) `Semi-nude' means a state of dress in which clothing covers no more than
the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as
portions of the body covered by supporting straps or devices.
(q) `Show' includes a carnival, tent show, or show in the open air, or in a hall
or building not specifically constructed for theatrical purposes.
(r) `Solicitor' means a person engaged in soliciting as it is defined in Section
5.20.010 of this title. Any person exempt from the permit requirements in Chapter 5.20
of this title, by virtue of Section 5.20.030, is exempt from the definition of solicitor in this
section and in this chapter.
(s) `Specified anatomical areas' means the following:
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(1) Less than completely and opaquely covered human (i) genitals or
pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the
top of the areola;
(2) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered;
(3) Any device, costume or covering that simulates any of the body
parts included in subparagraphs (1) or (2) above.
(t) `Specified criminal activity' means any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity;
sale, distribution or display of harmful material to a minor; sexual performance by a
child; possession or distribution of child pornography, public lewdness; indecent
exposure; indecency with a child; engaging in organized criminal activity; sexual
assault; molestation of a child; gambling; distribution of a controlled substance; or any
similar offenses to those described above under the criminal or penal code of other
states or countries;
(2) For which:
(A) Less than two years have elapsed since the date of
conviction or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor offense;
(B) Less than five years have elapsed since the date of
conviction or the date of release from confinement for the conviction, whichever is the
later date, if the conviction is of a felony offense; or
(C) Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction, whichever is
the later date, if the convictions are of two or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant or a person residing with the applicant.
(u) `Specified sexual activities' means the following, whether performed
directly or indirectly through clothing or other covering:
(1) The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
(3) Masturbation, actual or simulated;
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(4) Excretory functions as part of, or in connection with, any of the
other activities described in subparagraphs (1) through (3) of this paragraph.
5.10.020. Permit required for certain businesses.
(a) No person shall commence, conduct or purport to commence or
conduct, the following business activities within the boundaries of the City of Rancho
Palos Verdes without possessing a valid business permit issued pursuant to this
chapter:
(1) Massage establishment.*
(2) Massage technician.*
* indicates the applicant is required to be fingerprinted by the Los
Angeles County Sheriffs Department.
(b) No person may advertise or announce a business activity located in
the City of Rancho Palos Verdes for which a business permit is required by this Code
until he or she has obtained a business permit, when required by this Code. For the
purposes of this chapter, `advertising' or `announcement' includes, but is not limited to,
disseminating pamphlets or handbills, publishing newspaper announcements, and
broadcasting advertisements on radio, television, the Internet, or by any other
communication device.
(c) When any person is engaged in more than one business activity for
which a business permit is required in a single location, that person shall be deemed to
be conducting each business activity separate and apart from each other business
activity even if the separate business activities constitute a single business.
(d) No business permit issued by the city pursuant to this chapter shall
be construed as authorizing any business activity that is prohibited under the laws of the
United States or the state of California, the federal and state constitutions, this code, or
any other applicable law, ordinance, rule or regulation. Any such business permit shall
be void.
(e) The director shall keep all applications and related records for
business permits under this chapter.
5.10.030. Permit issuance procedure.
(a) Application. Applications for business permits shall be filed with the
director and shall comply with the following requirements:
(1) Applications shall be filed a minimum of fifteen (15) calendar
days prior to the date requested for issuance of the permit.
(2) Applications shall be accompanied by a fee in an amount
prescribed by resolution of the city council.
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(3) Applications shall be completed on a form designated by the
city, and shall be signed by the applicant under penalty of perjury.
(4) The applicant shall authorize the city, its agents and
employees to seek information and conduct an investigation into the truth of the
statements set forth in the application.
(5) The applicant shall obtain all other required permits or
approvals from the city, including, but not limited to, a business license pursuant to the
provisions of Chapter 5.04 of this Title, prior to or contemporaneously with submitting
the application to the director.
(b) Contents of Application Form and Renewal Application Form.
Applications for business permits and renewal application for business permits shall
contain the following information:
(1) Identification of the applicant, including the name of the
business and the name of all owners of the business. Where the applicant is a
corporation, association, partnership, limited partnership or other legal entity, "applicant"
shall mean each partner, officer, director, and each shareholder owning or controlling
more than ten percent of such entity. `Applicant' shall also mean each partner, officer,
director, and any shareholder owning or controlling more than ten percent of any
corporation, association, partnership, limited partnership or other legal entity that is an
officer, director, shareholder, general partner or managing partner of any such entity
that comprises the applicant. Rules and regulations governing the procedure for
fingerprinting and photo identification, where such fingerprinting and photo identification
is required by an application for a particular business permit, shall be established by the
Los Angeles County Sheriff's department, license detail. A business permit may be
issued to a corporation or to a person operating under a fictitious name who has
complied with all of the applicable provisions of the Business and Professions Code of
this state. In all other cases, a business permit must be obtained in the true name of
the individual, or individuals, so applying;
(2) A complete description of the business activity proposed to
be operated, and the location of such proposed business activity, including the address,
telephone number and zone;
(3) The name(s), address(es) and telephone number(s) of the
property owner(s);
(4) The previous use of the property or business, the length of
time the building was vacant, and whether there are existing signs on the building;
(5) Any changes in signage proposed by the applicant;
(6) The number of parking spaces and handicap spaces;
(7) The presence and type of landscaping;
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(8) The presence of trash enclosures;
(9) The number of employees;
(10) The date the business is expected to open;
(11) The proposed hours of operation; and
(12) Any additional information required for the permitting of a
particular business when such additional information is specifically required pursuant to
other provisions of Title 5.
(c) Review by director.
(1) An application that is not complete shall be returned to the
applicant along with a list of the deficiencies within fifteen (15) calendar days of receipt
of the application. The application shall be deemed abandoned if, within ten (10)
calendar days from the first class mailing of any notice from the city, the application is
not received by the city with all of its defects entirely corrected. As a courtesy to the
applicant, upon request of the applicant, the director shall grant the applicant an
extension of time of ten (10) business days to complete the application properly. The
time period for granting or denying the requested permit shall be stayed during the
period in which the applicant is granted an extension of time. Unless the applicant
requests an extension of time pursuant to this subsection, nothing in this paragraph (1)
shall be construed to relieve the director of the duty to make a decision within the time
limits set forth in subsection (d) of this section.
(2) Once a completed application is filed, and the applicant pays
the prescribed fee, the director shall initiate an investigation of facts for each business
permit application with the appropriate city and county agencies designated to review
such applications. This departmental review process shall ensure that the action on
each business permit application is consistent with the intent and purpose of this title.
Upon completion of the investigation, the director shall review, and either approve or
deny, the application. If the application is denied, the grounds for denial shall be based
upon the provisions of Section 5.10.060 of this chapter, and the director shall attach to
the notice a statement of the reasons for the denial. Notice of the director's decision
shall be mailed by certified or registered mail or personally delivered to the applicant
within three (3) business days of the date of the decision. For businesses involving
constitutionally protected expressive activities, the decision to approve or deny the
application shall be made within fifteen (15) calendar days after the filing of a completed
application. For business activities that do not involve constitutionally protected
expressive activities, the decision to approve or deny the application shall be made
within thirty (30) calendar days after the filing of the completed application. The time
periods specified herein shall not be extended except upon the written consent of the
applicant.
(d) Appeal of director's decision.
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(1) Within thirty (30) calendar days after the date of the
director's decision, any interested person may appeal the decision to the city manager.
The appeal shall set forth the ground(s) for the appeal and shall be accompanied by an
appeal fee in an amount prescribed by resolution of the city council. A timely appeal
accompanied by the required fee shall automatically entitle the aggrieved party to a
hearing before the city manger.
(2) The hearing shall be held and action taken not less than
fourteen (14) days nor more than thirty (30) calendar days after the timely filing of a
complete appeal, unless the applicant requests an extension.
(3) Notice of the hearing shall be given at least ten (10) calendar
days prior to the hearing in the following manner:
(A) Notice of the appeal hearing shall be posted in city
offices in accordance with the City's standard procedures for posting agendas and
notices and shall include the time, place and date set for hearing as well as the
business activity proposed to be operated, and the location of operation of such
proposed business activity.
(B) Notice of the appeal hearing shall be posted on the site where the
proposed business activity is to be located and upon the street on which the
proposed business activity is to be located. Such notice shall include the
information specified in subsection (d)(3)(A) of this section.
(C) Notice shall be mailed, postage prepaid by the
appellant, to the owners and tenants of the properties within a radius of five hundred
feet of the exterior boundaries of the property involved in the application. For this
purpose, the appellant shall provide a radius map, a mailing list and mailing labels that
include the last known name and address of such owners as obtained from the last
equalized assessment roll or from such other records of the county assessor or tax
collector that contain more recent addresses. The appellant shall sign an affidavit
verifying the authenticity and accuracy of the list.
(4) At the time set for the hearing, or at the date to which the
hearing may be continued, the city manager shall hear the applicant, who may present
any facts to show why the permit should be granted, and shall hear testimony from all
other interested persons who attend the hearing to present reasons why the permit
should or should not be granted. Any interested person, at any time after the filing of
the appeal and before the close of the public hearing regarding such appeal, may file
with the city clerk written letters of support or protest, for or against the granting of such
application. Any interested person, including the applicant, has the right to be
represented by legal counsel at the hearing. The city manager, in considering the
application and the appeal, shall give consideration to all relevant documents filed and
all relevant testimony given at the hearing.
(5) Within seven (7) calendar days after the conclusion of the
hearing, the city manger shall adopt and issue a written decision approving or denying
an application for business activities involving constitutionally protected expressive
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activities. For business activities which do not involve constitutionally protected
expressive activities, the city manger shall adopt and issue a written decision approving
or denying an application within thirty (30) calendar days after the conclusion of the
hearing. Any decision to deny a permit application shall be based on the grounds set
forth in Section 5.10.040 of this chapter. Notice of the city manager's decision shall be
mailed by certified or registered mail or personally delivered to the applicant.
(6) The decision of the city manager shall be final.
(e) Issuance of Permit. The operative date for a business permit shall
be the date of final approval of the application by the director or city manager.
(f) Information required to be updated. The applicant is required to
notify the director of any change in facts or information presented in the application
within ten (10) calendar days after such change.
(g) Denial of Permit. If an applicant's business permit application for a
particular business activity has been denied, the director shall not process a new
application by that applicant for that business activity for a one year period after the
denial unless the director or city manager, at the time of the denial, states that the
denial was without prejudice to the applicant's right to file another application within the
one year period or unless the director determines that the reason for the denial has
been cured and no longer exists.
5.10.040 Grounds for denying permit application.
(a) Business Activities Involving Constitutionally Protected Expressive
Activities. The city manager or director, shall approve a business permit application for
business permit activities involving constitutionally protected expressive activities, or
applications to manage such activities, unless any of the following findings are made:
(1) The applicant has failed to complete the application.
(2) The building, structure, premises, or the equipment used to
conduct the business activity, fails to comply with all applicable health, zoning, fire,
building and safety laws of the state of California or the city;
(3) The applicant has knowingly made any false, misleading or
fraudulent statement of material fact in the application for the business permit or in any
report or statement required to be filed with the director or the city; or
(4) The business is prohibited by any law, statute, rule or
regulation, or prohibited in the particular location or zone by any law, statute, rule, or
regulation.
(b) Business Activities Not Involving Constitutionally Protected
Expressive Activities. The city manager or director shall approve a business permit
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application for business activities not involving first amendment activities, or applications
to manage such activities, unless any of the following findings are made;
(1) The applicant has failed to complete the application.
(2) The building, structure, premises, or the equipment used to
conduct the business activity, fails to comply with all applicable health, zoning, fire,
building and safety laws of the state of California or the city;
(3) The applicant has knowingly made any false, misleading or
fraudulent statement of material fact in the application for the business permit or in any
report or statement required to be filed with the director or the city;
(4) The business is prohibited by any law, statute, rule or
regulation, or is prohibited in the particular location or zone by any law, statute, rule, or
regulation;
(5) The applicant is found to have committed a crime involving
moral turpitude that is substantially related to the business activity for which the permit
is being sought;
(6) The applicant, his or her agent or employee, or any person
connected or associated with the applicant as partner, owner, director, officer,
stockholder, associate or manager, has committed, assisted in, or incited the
commission of any act, or act of omission, which would be grounds for disciplinary
action under this chapter if committed by a permittee;
(7) The applicant, his or her agent or employee, or any person
connected or associated with the applicant as partner, owner, director, officer,
stockholder, associate or manager, has been subject to enforcement actions by another
governmental agency in connection with his or her operation of a similar business
activity for which the permit is being sought; or
(8) The establishment of the business will be detrimental to the
public health, safety or welfare of the community.
5.10.050 Presentment of permit.
(a) Posting. Every person required to have a business permit pursuant
to the provisions of this chapter and who conducts, manages or carries on a business
activity at a fixed location shall keep that valid original permit issued to the applicant
posted and exhibited in a place of public view in the business.
(b) Carrying. Every person required to have a business permit
pursuant to the provisions of this chapter and not having a fixed place of business shall
carry the valid original permit issued to the applicant at all times when conducting the
business activity for which such permit was issued.
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(c) Presentation on Demand. Every person required to have a
business permit pursuant to the provisions of this chapter shall produce and exhibit the
permit when requested by any city official authorized to issue, inspect or collect permits
and permit fees, or authorized to enforce the provisions of this chapter or of this code.
(d) Lost or Stolen Permits. A permittee must report the loss or theft of
any permit to the director, whether in the form of a sticker, tag, card or paper, or
otherwise. The director shall issue the permittee a duplicate permit and shall cancel the
lost or stolen permit upon the payment of a prescribed fee.
5.10.060 Permit renewal procedure.
(a) Except as otherwise provided in this title, all business permits shall
be issued for one year and must be renewed annually. Renewal permit applications,
along with payment of the fee, shall be filed with the director a minimum of thirty (30)
calendar days prior to expiration of any existing permit. When an applicant submits a
timely business permit renewal application pursuant to this paragraph, if renewed, the
permit shall be effective upon the expiration of the old permit.
(b) The director may accept an application for renewal after the time
specified in subsection (a) of this section, if it is filed not later than sixty (60) calendar
days after the expiration of the existing permit and the director finds that a serious
illness that required hospitalization or confinement to bed, or other unforeseen and
extraordinary circumstances, prevented a timely renewal application from being filed.
When an application is submitted pursuant to this section, the fee shall be equal to the
renewal fee established by resolution of the city council plus a late penalty of twenty-five
percent thereof. Such application shall give the applicant no greater rights than the
filing of an application for a new permit. If an applicant fails to submit a timely
application, or if the director does not find that circumstances existed to justify the late
filing of an application for renewal pursuant to this subsection, then the applicant shall
cease operation of the business activity immediately.
(c) Except as otherwise provided for in this section, the director shall
not accept a renewal application for a permit which has expired, or which for any other
reason is not in full force and effect, at the time the application submitted. The applicant
may apply for a new permit if not prohibited from doing so by any other provision of this
chapter, accompanied by the required fee for a new permit.
(d) Notwithstanding any other provisions of this section, the director
shall review a business permit renewal application in the manner prescribed in Section
5.10.030(c) of this chapter if the city has received a request for such review from one of
the departments or officers of the city. Any interested person may appeal the director's
decision to the city manager in the manner prescribed in Section 5.10.030(d) of this
chapter.
5.10.070 Business permit transfers and changes.
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(a) Transfers of Ownership. A new business permit is required
whenever there is a transfer in ownership of a business that is required to have a permit
issued under Section 5.10.020 of this chapter. If there is no change in the nature or
scope of business or in the business location, and if the previous owner has a valid
business permit at the time of transfer, the new permit shall be issued upon filing of a
complete application and payment of all required fees and taxes. For the purposes of
the previous sentence, the director may issue a new permit even without obtaining the
concurrence of other agencies. However, if the original business permit application
process required the business owner or manager to be fingerprinted and/or a
background investigation to be conducted, then the new business owner or manager
must also be fingerprinted and the new permit shall be subject to the sheriff's
concurrence following a background investigation. The following transactions shall be
considered transfers:
(1) The addition or withdrawal of a new partner or partners;
(2) The transfer of a business from one partnership to another;
(3) The transfer of a business from a partnership to a
corporation;
(4) The transfer of a business from one corporation to another;
(5) The transfer of a business from a corporation to a
partnership;
(6) The transfer of a business from a corporation to an
individual, or vice versa, unless the owner of the corporation and the individual are the
same person;
(7) The transfer of a business from a partnership to an
individual, or vice versa; or
(8) The transfer of a majority share of stock in a corporation
from one shareholder to another.
(b) Change of Name. A new business permit is required whenever
there is a change of name of a business that is required to have a permit under Section
5.10.020 of this chapter. If there is no transfer of ownership or change in the nature or
scope of business or in the business location and if the permittee operating under the
previous name has a valid business permit at the time of the change of name, the new
permit shall be issued upon filing of a complete application and payment of all required
fees and taxes. For the purposes of the previous sentence, the director may issue a
new permit without obtaining the concurrence of other agencies.
(c) Change of Location. A new business permit is required whenever
there is a change in location of a business that is required to have a permit under
Section 5.10.020 of this chapter.
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(d) Change in Business. A new business permit is required whenever
there is a change in the nature or scope if the business that is required to have a permit
pursuant to Section 5.10.020.
(e) Report to Director. A permittee shall notify the director of any
transfer in ownership, change of name, change of location, or change in the nature or
scope of the business within ten (10) calendar days after such transfer or change.
5.10.080 Permit modification, suspension and revocation procedure.
Any permit issued by the director or city manager under this chapter may
be modified, suspended or revoked for cause by the city council pursuant to this
section.
(a) A public hearing to determine whether or not an existing permit
should be modified, suspended or revoked shall be initiated by a written statement of
charges. Such statement may be initiated by any department of the city or any agency
required to review or inspect the permitted activity for compliance with city regulations.
Such statement shall be submitted to the director.
(b) If the director determines that the charges demonstrate that there
may be an adverse impact of the business on the public health, safety or welfare, notice
of the public hearing on the charges shall be given at least ten (10) calendar days prior
to the hearing in the following manner:
(1) Notice of the public hearing shall be posted in the manner required by law and
shall include the time, place and date set for hearing as well as the business activity
proposed to be operated, and the location of operation of such proposed business
activity.
(2) Notice of the public hearing shall be posted on the site on
which the proposed business activity is to be located and upon the street on which the
proposed business activity is to be located. Such notice shall include the information
specified in subsection (d)(3)(A) of this section.
(3) Notice of the public hearing shall be mailed by certified or
registered mail or personally delivered to the permittee. Notice of the public hearing
shall also be mailed to the owners and tenants of the properties within a radius of five
hundred feet of the exterior boundaries of the property involved in the application.
(c) At the public hearing, the permittee or legal representative of the
permittee shall have the right to bring witnesses to testify on his or her behalf. Hearings
need not be conducted according to technical rules relating to evidence and witnesses.
(d) Within thirty (30) calendar days after the conclusion of the public
hearing, the city council shall adopt and issue a written decision. The decision shall
contain a determination of the issues presented. Any decision to modify, suspend or
revoke a permit shall be based on the grounds set forth in Section 5.10.090 of this
Ordinance No. 399
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chapter. Notice of the city council's decision shall be mailed by certified or registered
mail or personally delivered to the permittee.
(e) Whenever a permit is suspended or revoked by the city council, the
director or Los Angeles County Sheriff shall take into possession the business permit for
the subject business activity. The permittee shall surrender the business permit, permit
stickers, or similar evidence of a permit to the director or to the Los Angeles County
Sheriff. No business permit fee refunds shall be issued to any permittee upon
suspension or revocation of a business permit.
(f) Upon revocation or suspension of a business permit, the permittee
shall cease operation of the business activity immediately. Except as otherwise
provided, in the event that the permit is suspended, the permittee may resume
operation once the suspension period has expired.
(g) Upon revocation of any business permit under this chapter, no
business permit to operate the same business activity shall be granted to the same
person within one year after such revocation.
5.10.090 Grounds for modifying, suspending or revoking permit.
(a) Businesses Involving Constitutionally Protected Expressive
Activities. The city council may modify, suspend or revoke a business permit for any
business activity involving first amendment activities if the city council finds that one or
more of the following conditions exist:
(1) The building, structure, premises or equipment used to
conduct the business activity fails to comply with any applicable health, zoning, fire, and
building and safety laws of the state of California or the city;
(2) The permittee has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a business permit, or in any
report or statement required to be filed with the director or the city;
(3) The permittee, permittee's employees, agents or manager
has violated any statute or any provision of this Code resulting from any act performed
in the exercise of any rights permitted by the issuance of the permit that is being
considered for modification, suspension or revocation;
(4) The permittee, permittee's employees, agents or manager,
has violated any provision of federal or state law or any provision of this Code or any
other rule or regulation on the business premises or relating to the permitted activity;
(5) The permittee, permittee's employees, agents or manager
has published, uttered or disseminated any false, deceptive or misleading statements or
advertisements in connection with the permitted business;
Ordinance No. 399
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(6) The permittee has failed or refused to notify the director of
any change in facts as required by this chapter within ten (10) calendar days after such
change;
(7) The permittee, permittee's employees, agents or manager
has violated any conditions or restrictions imposed on the permit;
(8) The permittee, permittee's employees, agents or manager
has permitted, allowed or failed to prevent the use of the business as a base or magnet
for unlawful or criminal activity, including, but not limited to, prostitution and drug
trafficking; or
(9) The permittee fails to permit the City or any authorized
authorities to conduct the inspections authorized by Section 5.10.100(c) of this chapter
or any other inspection authorized by this Code.
(b) Businesses Which Do Not Involve Constitutionally Protected
Expressive Activities. The city council may modify, suspend or revoke a business
permit for any business activity not involving first amendment activities if the city council
finds that one or more of the following conditions exist:
(1) The building, structure, premises or equipment used to
conduct the business activity fails to comply with any applicable health, zoning, fire, and
building and safety laws of the state of California or the city;
(2) The permittee has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a business permit, or in any
report or statement required to be filed with the director or the city;
(3) The permittee, permittee's employees, agents or manager
has violated any statute or any provision of this Code resulting from any act performed
in the exercise of any rights permitted by the issuance of the permit that is being
considered for modification, suspension or revocation;
(4) The permittee, permittee's employees, agents or manager,
has violated any provision of federal or state law or any provision of this Code or any
other rule or regulation on the business premises or relating to the permitted activity;
(5) The permittee, permittee's employees, agents or manager
has published, uttered or disseminated any false, deceptive or misleading statements or
advertisements in connection with the permitted business;
(6) The permittee has failed or refused to notify the director of
any change in facts as required by this chapter within ten (10) calendar days after such
change;
(7) The permittee, permittee's employees, agents or manager
has violated any conditions or restrictions imposed on the permit;
Ordinance No. 399
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(8) The permittee, permittee's employees, agents or manager
has been found to have committed a crime of moral turpitude that bears a substantial
relationship to the conduct of the business activity;
(9) The permittee, permittee's employees, agents or manager
has been held liable or convicted of any offense involving the maintenance of a
nuisance resulting from any act performed in the exercise of any rights permitted by the
issuance of the permit;
(10) The permittee, permittee's employees, agents or manager
has violated any rule or regulation adopted by the city or any other governmental
agency relating to the permittee's business;
(11) The permittee, permittee's employees, agents or manager
has conducted the permitted business in a manner contrary to the peace, health, safety
and the general welfare of the public, including, without limitation, by allowing or failing
to prevent the use of the business as a base or magnet for unlawful or criminal activity.
(12) The permittee fails to permit the City or any authorized
authorities to conduct the inspections authorized by Section 5.10.100(c) of this chapter
or any other inspection authorized by this Code.
(c) Automatic Suspension Upon Lapse of Insurance. Whenever an
applicant for any business permit is required to procure, post or maintain in effect any
bond, undertaking, deposit, surety or policy of insurance, any business permit so issued
is good only while such bond, undertaking, deposit, surety or policy of insurance is in full
force and effect. The permit shall automatically be suspended without notice if at any
time such bond, undertaking, deposit, surety or policy of insurance is not in full force
and effect. The director shall notify the permittee in writing of any suspension pursuant
to this section. Within ten (10) calendar days after the date of such notice, the permittee
may request in writing a hearing before the city council. The city council shall hold a
public hearing in a manner consistent with Section 5.10.080(b) of this chapter, and as
indicated by the evidence received at the hearing, may modify or revoke the permit or
terminate the suspension and restore the permit. If the permittee does not request a
hearing, the permit is automatically revoked at the end of ten (10) calendar days
following the notification of suspension.
5.10.100 Conditions of approval.
(a) The director or city council may condition any business permit if it
finds that grounds for denial, modification, suspension or revocation of a business
permit exist or that the manner in which the business has been conducted or operated
is detrimental to the public health, safety and welfare in that:
(1) The permittee, the permittee's agent, manager or employees
has failed to maintain the premises in a neat and clean condition and have allowed the
business premises to deteriorate and become blighted;
Ordinance No. 399
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(2) The permittee, the permittee's agent, manager or employees
has allowed, or failed to prevent, the business premises to be used by its patrons as a
magnet for criminal or otherwise unlawful activity;
(3) The permittee, the permittee's agent, manager or employees
has allowed or failed to discourage criminal or otherwise unlawful activity to occur on or
immediately adjacent to the business premises;
(4) The permittee, the permittee's agent, manager or employees
has failed to provide adequate parking to serve the volume of patrons it generates, thus
causing patrons to cruise on neighborhood streets, looking for parking, and causing
other traffic related noise and disturbances; or
(5) The permittee, the permittee's agent, manager or employees
has failed to control the actions of the businesses' patrons in and immediately adjacent
to the business premises.
(b) Additional Conditions.
(1) Businesses Involving Constitutionally Protected Expressive
Activities. The director or city council may impose conditions on the permit for any
business activity involving first amendment activities if the director or city council finds
that one or more of the conditions in Section 5.10.090(a) of this chapter exist.
(2) Businesses Which Do Not Involve Constitutionally Protected
Expressive Activities. The director or city council may impose conditions on the permit
as are reasonably necessary to protect the peace and tranquility of any residential area,
mitigate traffic impacts, protect other uses in the area, and protect the public health,
welfare and safety. Any person issued a permit pursuant to this chapter shall comply
with all conditions that are imposed on the permit. Any violation of the conditions of
approval is a misdemeanor and is subject to the penalties set forth in Section 1.08.010
of this code.
(c) Whenever the director or city council determines that unannounced
inspections of the business premises are necessary to enforce the provisions of this
chapter, it may impose as a condition of the permit that the applicant's or permittee
consent to entry of the applicant's or permittee's place of business at all reasonable
times by any city officer or employee authorized to enforce the provisions of this chapter
or this code. Upon presentation of proper credentials by any such officer or employee,
the applicant or permittee shall comply with such inspection.
(d) Whenever the director or city council determines that noise from
any establishment permitted under this chapter interferes with the right of persons
dwelling in the vicinity of such establishment to the peaceful and quiet use and
enjoyment of their property, or that the establishment permitted under this chapter is in
violation of applicable noise ordinances it may impose as a condition of the permit that
the premises of the business activity be soundproofed to eliminate the noise or reduce it
to a reasonable and lawful level. In imposing a condition under this section, the director
Ordinance No. 399
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or city council must balance all of the interests of the respective parties, as well as the
hardship that will result from the condition. If the director or city council finds that the
noise complained of is of a minimum or inconsequential degree, no action shall be
taken under this paragraph.
(e) The director or the city council may change, modify or eliminate any
conditions previously placed on a permit upon written request of the permittee if it finds
that the reasons for the original imposition of such conditions have been cured or no
longer exist. Applications to change conditions shall be noticed and set for public
hearing in a manner consistent with Section 5.10.030(d) of this chapter, if the
condition(s) was imposed after a duly noticed public hearing. The Los Angeles County
Sheriff's license detail shall be notified of any such applications.
5.10.110 Refund of fee.
Unless otherwise stated in Title 5, the fee for filing any application for a
permit or renewal of a permit shall be nonrefundable.
5.10.120 Business license required.
Nothing in this Article shall be construed to relieve any person from
complying with the requirements of Chapter 5.04 of this Title regarding business
licenses and taxes.
5.10.130 Judicial review.
(a) Any interested party may seek judicial review of a final city decision
regarding a permit or license in accordance with the provisions of Sections 1085,
1094.5, et seq., of the California Code of Civil Procedure, and any claim filed in
connection therewith, as is applicable to the particular case.
(b) Any interested party may seek judicial review of a final city decision
regarding the issuance, revocation, suspension, or denial of a permit or license for an
activity protected by the First Amendment of the United States Constitution in
accordance with the terms and procedures provided by Section 1094.8 of the California
Code of Civil Procedure."
Section 3. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Chapter 5.24 thereto to read as follows:
"CHAPTER 5.24
MASSAGE ESTABLISHMENTS AND TECHNICIANS
ARTICLE 1. MASSAGE ESTABLISHMENTS.
5.24.010 Effect of adult entertainment activities.
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5.24.020 Permit required.
5.24.030 Definitions.
5.24.040 Additional information required for application.
5.24.050 Additional criteria for issuance or denial of permit.
5.24.060 Operating requirements.
5.24.070 Permit nontransferable.
ARTICLE 2. MASSAGE TECHNICIANS.
5.24.200 Permit required.
5.24.210 Additional information required for application.
5.24.220 Verification of applicant qualifications.
5.24.230 Additional criteria for issuance or denial of permit.
5.24.240 Operating requirements.
ARTICLE 3. GENERAL REQUIREMENTS.
5.24.300 Grounds for modification, revocation or suspension of permit.
5.24.310 Exemptions.
5.24.320 Hardship waiver.
ARTICLE 1. MASSAGE ESTABLISHMENTS.
5.24.010 Effect of adult entertainment activities.
Any permittee who provides or allows to be provided any services which
fall within any of the categories of "adult entertainment business," as defined in Section
5.10.010 of Chapter 5.10 of this title, shall immediately have his or her permit to operate
a massage business or to work as massage technician revoked. No services
conducted by a massage business or a massage technician will be permitted to
continue upon revocation of the permit.
5.24.020 Permit required.
No person shall engage in conduct or carry on the business of a massage
establishment or a recognized school of massage without a permit issued under the
provisions of Chapter 5.10. If any of the provisions of Chapter 5.10 conflict with the
provisions of this chapter, the provisions of this chapter shall prevail as to all matters
and questions arising out of the subject matter of this chapter.
5.24.030 Definitions.
For the purposes of this chapter, unless it is plainly evident form the
context that a different meaning is intended, the words and phrases set forth in Section
5.10.010 of this title shall have the meanings respectively ascribed to them therein.
5.24.040 Additional information required for application.
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(a) In addition to the information required in Section 5.10.030(b) of this
title, an applicant for a massage establishment permit shall furnish the following
information:
(1) The full true name under which the business will be
conducted;
(2) The applicant's full, true name, any other names used, date
of birth, California Drivers License number or California identification number, present
residential address and telephone number. The sex, height, weight, color of hair, and
color of eyes of applicant;
(3) The previous two (2) residences of the applicant and the
inclusive dates at each address;
(4) The applicant's business, occupation, and employment
history for five (5) years preceding the date of application, and the inclusive dates of
same;
(5) 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;
(6) All convictions for any crime, except for minor traffic
violations, and the reasons therefor;
(7) Two (2) photographs of the applicant, taken within six (6)
months prior to the date of the application, that clearly show the applicant's face. Any
fees for the photographs shall be paid by the applicant;
(8) The applicant's fingerprints in the manner prescribed by the
Los Angeles County Sheriff's Department. Any fees for the fingerprinting shall be paid
by the applicant;
(9) A complete description of all services to be provided;
(10) The name, address, and date of birth of each massage
technician who is or will be employed or trained in said establishment;
(11) The name and address of any massage establishment, or
similar business, 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;
(12) Acceptable written proof that the applicant is at least
eighteen (18) years of age;
Ordinance No. 399
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(13) The applicant, if a corporation, or partnership, shall
designate one (1) 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 (1) 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 a permittee by this chapter or the
corporation or partnership permit shall be suspended until a responsible managing
employee who meets such requirements is designated. If no such person is found
within ninety (90) days, the corporation or partnership permit is deemed canceled
without further notice and a new initial application for permit must be filed;
(14) A description of any other business to be operated on the
same premises, or on adjoining premises, owned or controlled by the applicant;
(15) 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 his or her property; and
(16) The full true name and any other names used, current
address, date of birth, California Drivers License or California identification number, and
the information required by paragraphs (a) (2), (3), (4), (5), (6), (7), (8) and (12) of this
section, of each on-site manager(s) of the businesses.
(b) The applicant or permit holder shall give written notification of any
change of information required by this section to the director within five (5) business
days after such change.
(c) A certificate of compliance from both the city's building and safety
division, and the Los Angeles County Health Department must be submitted prior to the
approval of the application. 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 also be
applied for and received prior to the massage establishment permit becoming effective.
5.24.050 Additional criteria for issuance or denial of permit.
The director shall grant the permit only if he or she finds that there is no
reason to deny the permit under Section 5.10.040 and that all of the following
requirements have been met:
(a) The applicant, if an individual, or any of the stockholders of the
corporation, or any officers or directors, if the applicant is a corporation, or if a
corporation serves as a partner, officer or director of the applicant, or any partner if the
applicant is a partnership, or if any partnership serves as a partner, officer or director of
Ordinance No. 399
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the applicant, and any on-site manager of the business has not been convicted in a
court of competent jurisdiction of an offense involving conduct which requires
registration under California Penal Code Section 290 (or its successor), and has not
been convicted for a violation of the provisions of California Penal Code Sections 266i,
314, 315, 316, 318, 647, California Health and Safety Code Sections 11054 to 11058,
or their respective successors, or any other crime involving dishonesty, fraud, deceit, or
moral turpitude;
(b) 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 other
state or local agency prior to the date of approval;
(c) An inspection reveals that the proposed location for the massage
establishment complies with each of the minimum requirements set forth in Section
5.24.060 of this chapter.
(d) The applicant is at least eighteen (18) years of age; and
(e) The applicant complies with all of the provisions of this chapter.
5.24.060 Operating requirements.
(a) Employee reporting requirement. The holder of a permit required
by Section 5.24.020 shall notify the director in writing of the name and address of each
person employed as a massage technician or an on-site manager within five (5)
business days of that person being employed.
(b) Employment of unlicensed massage technicians prohibited. 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 employ or permit a
person to act as a massage technician who is not in possession of a valid, unrevoked
massage technician permit issued pursuant to this chapter and which is worn clearly
visible during working hours.
(c) Location authorization. Any permit to conduct a massage
establishment shall specify the exact location(s) where massage services may take
place, and no massage shall be given in a business or on premises that are not so
authorized. No massage establishment shall send massage technicians off the
premises for the purposes of administering a massage, nor shall the massage
establishment or any part thereof be used by any employee, operator, manager, or
owner to receive or accept such requests for off-premises massages at any location
other than the location(s) expressly authorized by a permit granted pursuant to this
chapter.
(d) Site requirements. No massage or massage services shall be
given in a business or premises licensed pursuant to this chapter, or in an
establishment providing acupressure, shiatsu, skin care, body wrap or the like, unless
such business or premises complies with the following criteria:
Ordinance No. 399
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(1) Doors. No massage services shall be provided in an
establishment that provides such services in any cubicle, room, booth, or other area that
is fitted with a door capable of being locked. The premises, exterior doors and the
doors separating the waiting or reception area from the remainder of the premises, shall
remain unlocked during business hours (including electric locking devices).
(2) Signs. A recognizable and readable sign shall be posted at
the main entrance, identifying the establishment. A list of services available 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. All signs shall comply with
all requirements of this Code.
(3) Building code requirements.
(A) Minimum lighting shall be provided in accordance with the building code,
and, in addition, at least one artificial light of not less than 40 watts shall be
provided in each enclosed room or booth where massage services are being
performed on a patron.
(B) Minimum ventilation shall be provided in accordance with the building
code.
(4) Cleanliness.
(A) Adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided.
(B) Hot and cold running water shall be provided at all
times.
(C) Separate closed cabinets shall be provided for the
storage of clean and soiled linen, and shall be plainly marked: `Clean Linen' and `Soiled
Linen,' respectively.
(D) All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms, and all other physical facilities, shall be in good repair.
(5) Separate rooms for customers required. In an establishment
where massage services are rendered only to members of the same sex at any one
time, such persons of the same sex may be placed in a single separate room. If male
and female patrons are to be treated simultaneously at the same massage
establishment, a separate massage room or rooms shall be provided for male and
female patrons.
(6) Bathing, dressing and toilet facilities. Adequate bathing,
dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub
or shower, one dressing room containing a separate locker for each patron to be
served, which locker shall be capable of being locked, as well as a minimum of one
Ordinance No. 399
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toilet and one washbasin, shall be provided in every massage establishment; provided,
however, that if male and female patrons are to be served simultaneously at the
establishment, separate bathing, separate dressing and separate toilet facilities shall be
provided for male and female patrons.
(7) Washbasins for employees. A minimum of one separate
washbasin shall be provided in each massage establishment for the use of employees
of any such establishment, which basin shall provide soap or detergent and hot and
cold running water at all times, and shall be located within or as close as practicable to
the area devoted to the performing of massage services. In addition, there shall be
provided at each washbasin sanitary towels placed in permanently installed dispensers.
(e) Operational requirements generally. Every establishment licensed
pursuant to this chapter shall be maintained and operated in conformity with the
following criteria:
(1) Hours of operation. The permittee shall not conduct or
operate a massage establishment between the hours of nine (9:00) p.m. and seven
(7:00) a.m. of the following day, and shall exclude all customers, patrons and visitors
therefrom between those hours.
(2) Recording of activities prohibited. No building or part thereof
where massage or massage services are being conducted shall be equipped with any
electronic, mechanical or artificial device used, or capable of being used, for recording
or videotaping, or for monitoring the activities, conversation, or other sounds in the
treatment room(s) or room(s) used by customers.
(3) Maintenance of premises and equipment.
(A) All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms and all other physical facilities for the establishment shall be in good repair
and maintained in a clean and sanitary condition.
(B) Wet and dry heat rooms, steam or vapor rooms, or
steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned
after each use.
(C) Clean and sanitary towels and linens shall be
provided for each patron of the establishment or each patron receiving massage
services. No common use of towels or linens shall be permitted.
(D) Standard or portable massage tables shall be used with a durable,
washable plastic or other waterproof material as a covering. Foam pads more
than four inches thick or more than four feet wide may not be used. Beds,
mattresses and water beds may not be used in the administration of a massage.
(4) Persons using alcohol or drugs prohibited. A person shall
not enter, be or remain in any part of a massage establishment while in the possession
Ordinance No. 399
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of, consuming or using any alcoholic beverage or drugs. The permittee, manager, and
every supervising employee, shall not permit any such person to enter or remain upon
such premises.
(5) Prohibited activity. 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 the definition of `massage' in Section 5.10.010, nor shall any massage
establishment 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 the definition of `massage' in Section 5.10.010. No massage
establishment shall sell or serve food or beverages or conduct any other business on
the premises where the massage establishment is being conducted.
(6) Physical contact prohibited. No massage establishment
shall permit any massage technician, in the course of administering any massage
service, to expose his or her specified anatomical areas or buttocks or to make physical
contact with the specified anatomical areas of any client. No massage establishment
shall allow any client, in the course of receiving any massage service, to expose to view
of other persons his or her specified anatomical areas or to make physical contact with
the specified anatomical areas or buttocks of any massage technician or any other
person.
(f) Inspections. The director, the Los Angeles County Sheriff, and the
Los Angeles County Health Department, or their authorized representatives, shall have
the right to enter the massage establishment for the purpose of making reasonable
unscheduled inspections to observe and enforce compliance with applicable
regulations, laws, and provisions of this chapter.
(g) Manager required. A massage establishment shall at all times the
establishment is open have a responsible person acting as manager on the premises to
ensure compliance with these provisions. The manager must be familiar with the
requirements of this chapter and be capable of communicating the provisions of this
chapter to employees and patrons of the establishment.
5.24.070 Permit nontransferable.
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. Such attempted transfers include, but are
not limited to, the transactions specified in paragraphs (1) to (8) of 5.10.070(a).
Ordinance No. 399
Page 27 of 32
ARTICLE 2. MASSAGE TECHNICIANS.
5.24.200 Permit required.
No person shall act as a massage technician without a permit issued
pursuant to Chapter 5.10. If any of the provisions of Chapter 5.10 conflict with the
provisions of this chapter, the provisions of this chapter shall prevail as to all matters
and questions arising out of the subject matter of this chapter.
5.24.210 Additional information required for application.
In addition to the information required in Section 5.10.030(b), and
5.24.040(a)(2) through (8), an application for a permit required by this Article 2 of
Chapter 5.24 also shall include:
(a) Written statements of at least five persons that the applicant is of good
moral character;
(b) Written proof that the applicant is over the age of eighteen (18) years;
(c) Applicant's height, weight, color of eyes and hair. The applicant may be
required to have his or her height and weight confirmed by the Los Angeles County
Sheriff's Department;
(d) Business, occupation or employment of the applicant for the three years
immediately preceding the date of the application;
(e) All convictions for any crime, except for minor traffic violations, and the
reasons therefor;
(f) A certificate from a medical doctor stating that the applicant has, within
thirty (30) days immediately prior thereto, been examined and found to be free of any
contagious or communicable disease; and
(g) Such other identification and information reasonably necessary to discover
the truth of the matters specified in paragraphs (a) to (f) of this Section 5.24.210.
5.24.220 Verification of applicant qualifications.
(a) The applicant shall furnish with his or her application for a permit to
be a massage technician proof of one of the following:
(1) A diploma or certificate of graduation from a recognized
school wherein the method, profession and work of a massage technician is taught; or
(2) A diploma or certificate from a school outside of the state of
California which substantially complies with the educational requirements of Section
29025 of the Education Code of this state; or
Ordinance No. 399
Page 28 of 32
(3) Other evidence showing not less than five years' experience
as a practicing massage technician; or
(4) Evidence of enrollment at a recognized school of massage.
(b) The director or his or her designee shall have the right to verify for
authenticity the information supplied pursuant to this section. Such verification may
include administering oral or written practical exams to an applicant for a massage
technician license for the purpose of determining the applicant's qualifications to
perform the massage services that would be authorized by the license.
5.24.230 Additional criteria for issuance or denial of permit.
The director shall grant the permit only if he or she finds that there is no
reason to deny the permit under Section 5.10.040 and that all of the following
requirements have been met:
(a) The applicant has not been convicted in a court of competent jurisdiction
of an offense involving conduct which requires registration under California Penal Code
Section 290 (or its successor) and has not been convicted for a violation of the
provisions of California Penal Code Sections 266i, 314, 315, 316, 318, 647, California
Health and Safety Code Sections 11054 to 11058, or their respective successors, or
any other crime involving dishonesty, fraud, deceit, or moral turpitude;
(b) The applicant has not had a permit or license or an application for a permit
or license for a massage establishment, massage technician, or other similar use
denied, revoked, or suspended by the city, or any other state or local agency prior to the
date of approval;
(c) The applicant is at least eighteen (18) years of age;
(d) The applicant has not been registered in any state as a prostitute; and
(e) The applicant provides proof of education or experience as required in
Section 5.24.220.
5.24.240 Operating requirements.
(a) Off premises massage prohibited. Permit--Limitations. No
massage technician permitted pursuant to this Chapter may perform any massage or
massage services in any location other than the location or locations specified in the
permit.
(b) Attire. No massage or massage services may be administered
unless the patron wears clothing which covers the patron's genitals, and if the patron is
female, the breasts. The massage technician shall at all times while on the premises of
the establishment, be clean, and wear nontransparent outer garments covering the
body from knee to neck.
Ordinance No. 399
Page 29 of 32
(c) Identification card. All massage technicians must wear a picture
I.D. issued by the City while working in a massage establishment.
(d) Physical contact prohibited. No massage technician shall, in the
course of administering any massage service, expose his or her specified anatomical
areas or buttocks or make physical contact with the specified anatomical areas of any
client. Nor shall any massage technician allow any client, in the course of receiving any
massage service, to expose to view of other persons his or her specified anatomical
areas or buttocks or to make physical contact with the specified anatomical areas or
buttocks of the massage technician or any other person.
(e) Employer compliance. No massage technician shall knowingly
provide massage services at a massage establishment that does not comply with the
operating requirements in Section 5.24.060 of this chapter.
ARTICLE 3. GENERAL REQUIREMENTS.
5.24.300 Grounds for modification, revocation or suspension of permit.
In addition to the grounds set forth in Section 5.10.090, any permit issued
pursuant to this chapter may be modified, suspended or revoked if:
(a) The permittee has been convicted of or entered a plea of guilty or nolo
contendere to any violation of California Health and Safety Code Sections 11054
through 11058, inclusive (or their respective successors), or any violation of California
Penal Code Sections 647(b), 266(h), 266i, 315, 316 or 318 (or their respective
successors); or
(b) The permittee has failed to permit the City or any authorized authorities to
conduct any inspections authorized by this Title, including, without limitation Section
5.10.100(c) of this Title, or Section 5.24.060(f) of this Chapter, or any other inspection
authorized by this Code.
(c) The permittee has violated any provisions of this chapter.
5.24.310 Exemptions.
(a) The provisions of this chapter shall not apply to the following:
(1) Physicians, surgeons, chiropractors, osteopaths, physical
therapists who are duly licensed to practice their respective professions in the state.
(2) Nurses registered under the laws of the state.
(3) Persons who are licensed to practice any healing art under the
applicable provisions of the Business and Professions Code of the state of California or
any other statute of this state who provide any treatment administered in good faith.
Ordinance No. 399
Page 30 of 32
(4) Barbers, cosmetologists and electrolysists who are duly licensed
under the laws of the state while engaging in practice within the scope of their licenses,
except that this exemption shall apply solely to the massaging of the neck, face, and/or
scalp of the customer or client.
(5) Hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the state.
(6) Accredited high schools, junior colleges, and colleges or
universities whose coaches and trainers are acting within the scope of their
employment.
(7) Trainers of amateur, semi-professional or professional athletes or
athletic teams.
(8) Any business duly licensed as a health club, provided only one
massage table is used at such location and provided such use is incidental to the
operation of the health club.
(b) Notwithstanding the provisions of subsection (a) of this section, no person
or facility expressly exempted under this section from the application of this chapter
shall hire or employ a massage technician unless such massage technician possesses
a valid, subsisting license required by Article 2 of this chapter or any paramount state
law.
5.24.320 Hardship waiver.
(a) Hardship waiver. Any person subject to the provisions of this chapter who
provides massage services as a secondary service in connection with a business that
was lawfully in existence at the subject location on February 1, 2002, where no more
than one massage therapist provides massage services at said business at any one
time, may apply for a hardship waiver relieving him/her from complying with the facilities
requirements set forth in Section 5.24.060 under either of the following circumstances:
(1) the facility in question lacks the physical space to comply with the
requirements set forth in Section 5.24.060; or
(2) compliance with the requirements set forth in Sections 5.24.060
would cause an undue financial hardship to the applicant.
(b) Application. Requests for a hardship waiver shall be submitted to the
director on a form furnished by the City. The application shall be accompanied by a
sworn affidavit, together with any supporting documents or materials, demonstrating to
the reasonable satisfaction of the director or his or her designee that the facility
complies with the requirements of paragraph (a) of this section and lacks the physical
space to meet the requirements set forth in Section 5.24.060 or that compliance with
said requirements would cause an undue financial hardship to the applicant.
Ordinance No. 399
Page 31 of 32
(c) Findings. The director or his or her designee shall issue the hardship waiver or
deny the request within fifteen (15) business days of receipt of the application. The director or his
or her designee may issue a hardship waiver if he/she finds that the facility complies with the
requirements of paragraph (a) of this section and that the supporting documentation submitted with
the application demonstrates to his or her satisfaction that either: (i) the facility lacks the physical
space to meet the requirements set forth in Section 5.24.060, or (ii) compliance with the
requirements set forth in Section 5.24.060 would cause an undue financial hardship to the
applicant who is requesting the hardship waiver. The director or his or her designee shall issue a
written notice of determination and shall serve such written notice of determination on the person
requesting the hardship waiver via certified mail, return receipt requested. If the application is
denied, the notice shall set forth the reason(s) for the denial. The determination rendered by the
director shall be final.
(d) Duration of Waiver. Any hardship waiver granted pursuant to this Section shall.
immediately terminate if the facility is sold or ownership of the facility otherwise changes."
Section 4 . The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the provisions
of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting, to be entered in the Book of Ordinances of the Council of this City.
Section 5. This Ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the first (1St) day after its passage.
PASSED, APPROVED and ADOPTED this st day of Octob ►003.
Attest: Mayor
City Clerk
S ate of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 399
passed first reading on October 7, 2003, was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on October 21, 2003, and that the same was passed and
adopted by the following roll call vote:
AYES: Ferraro, McTaggart and Mayor Stern
NOES: None
ABSENT: Clark, Gardiner
ABSTAIN: None
City Clerk
Ordinance No. 399
Page 32 of 32
Aj!
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on October 23, 2003, she caused to be posted the following document
entitled:
Ordinance No. 399 — AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REGARDING BUSINESS PERMITS AND REGULATIONS RELATING
TO MASSAGE ESTABLISHMENTS AND TECHNICIANS AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE, a copy of which is attached
hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
— / ! —./.. - A ' _19, '_fil.P
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 399-Regarding Business Permits&Regs-Massage.doc