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ORD 489 ORDINANCE NO. 489 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 5.24 (MASSAGE ESTABLISHMENTS AND TECHNICIANS) OF THE CITY'S MUNICIPAL CODE. WHEREAS, massage permitting requirements and restrictions, as adopted by the City of Rancho Palos Verdes by Ordinance No. 399 and contained within Chapter 5.24 of the City's Municipal Code, are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Rancho Palos Verdes; WHEREAS, the goal of Chapter 5.24 is to eliminate the risks associated with illegal massage establishments, the City recognizes the need to allow individuals and businesses operating under the massage permitting requirements and restrictions of Chapter 5.24 additional flexibility to operate successfully and profitably within the City; WHEREAS, it is also necessary to amend Chapter 5.24 in order to comply with new legislation ("SB 731"), which adds Chapter 10.5 (beginning at Section 4600, et. seq.) to the California Business and Professions Code; WHEREAS, the amendments to Chapter 5.24 set out by this Ordinance will serve to maintain high standards of operation and conduct and make changes necessary to the Code after the passage of SB 731; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Section 5.10.010 (Definitions) of Chapter 5.10 (Business and Occupation Permits) of Title 5 (Business Taxes, Licenses and Regulations) of the Municipal Code is hereby amended to add, in alphabetical order, the following definitions: "`Chair Massage' means a massage given to a person who is fully clothed and sitting upright on a professional bodywork seat, a stool or office seat, wheelchair, or other chair-like device." `Outcall massage' is any massage performed by a massage technician outside of the licensed massage establishment where the massage technician is employed. Outcall massages, including chair massages, are prohibited unless conducted on the premises where the massage establishment is located and such premises are subject to a conditional use permit that specifically authorizes the massage establishment and the performance of outcall massage services on said premises in accordance with the applicable provisions of Chapter 5.24." Section 2: Section 5.10.010 (Definitions) of Chapter 5.10 (Business and Occupation Permits) of Title 5 (Business Taxes, Licenses and Regulations) of the Municipal Code is hereby amended to revise the following definition: `Massage establishment' means any fixed 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." R6876-0001\1151687v1.doc Section 3: Section 5.10.080 (Permit Modification, Suspension and Revocation Procedure) of Title 5 (Business Taxes, Licenses and Regulations) of the Municipal Code is hereby amended to read: "Any permit issued by the director or city manager under this chapter may be modified, suspended or revoked for cause by a hearing officer in accordance with the provisions of this section. The hearing officer shall be selected in a manner ensuring fair and impartial decision- making. Not less than fifteen (15) days prior to the public hearing, the City Clerk shall notify the director or city manager and the permittee of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators or arbitrators to serve as a panel from which the hearing officer is selected. Within five (5) days of the date of mailing or providing the notice of the available panel, the director or city manager and permittee may notify the City Clerk in writing that he or she elects to remove one of the three potential hearing officers. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the public hearing, if more than one name remains. The hearing officer shall have no bias for or against the director or the permittee. 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 Section 5.10.030(D)(3)(a) of this chapter. 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 hearing officer shall 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 chapter. Notice of the hearing officer's decision R6876-0001\1151687v1.doc Ordinance No.489 Page 2 of 18 shall be mailed by certified or registered mail or personally delivered to the permittee. E. Whenever a permit is suspended or revoked, 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. Section 4: Section 5.10.090 (Permit Modification, Suspension and Revocation Procedure) of Title 5 (Business Taxes, Licenses and Regulations) of the Municipal Code is hereby amended to read: "A. Businesses Involving Constitutionally Protected Expressive Activities. The hearing officer may modify, suspend or revoke a business permit for any business activity involving first amendment activities if the hearing officer 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; R6876-0001\1151687v1.doc Ordinance No.489 Page 3 of 18 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 hearing officer may modify, suspend or revoke a business permit for any business activity not involving first amendment activities if the hearing officer 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; 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; R6876-000111151687v1.doc Ordinance No.489 Page 4 of 18 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 a hearing officer. The hearing officer 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." Section 5: Chapter 5.24 (Massage Establishments and Technicians) of Title 5 (Business Taxes, Licenses and Regulations) of the Municipal Code is hereby amended in its entirety to read as follows: "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 shall immediately have his or her permit to operate a massage establishment or to work as massage technician revoked. No services conducted by a massage establishment 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 5 of 18 For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the words and phrases set forth in Section 5.10.010 shall have the meanings respectively ascribed to them therein. 5.24.040 Additional information required for application. A. In addition to the information required in Section 5.10.030(B), 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 driver's license number or California identification number, current residential address and telephone number, and the sex, height, weight, color of hair and color of eyes of applicant; 3. The previous two residences of the applicant and the inclusive dates at each address; 4. The applicant's business, occupation and employment history for five 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 photographs of the applicant, taken within six 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 R6876-0001\1151687v1.doc Ordinance No.489 Page 6 of 18 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 years of age; 13. The applicant, if a corporation, or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter. However, only one application fee shall be charged. The corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for 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 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 subsections (A)(2-8, 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 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 director does not receive the certificates of compliance within ninety 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 7 of 18 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 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 years of age; and E. The applicant complies with all of the provisions of this chapter. F. Notwithstanding any other provision of this Code, an application for a permit shall be denied upon a showing by the city of proof that either the massage personnel or the owner(s) or operator(s) of the proposed massage business are required to register under the provisions of California Penal Code Section 290. 5.24.060 Operating requirements. A. Employee Reporting Requirements. 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 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 8 of 18 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 by this chapter. Massage establishment permits shall be prominently displayed and visible at all times during operating hours. D. Site Requirements. Unless the massage is conducted as an outcall massage in accordance with the provisions of this chapter, 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: 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 forty 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. This requirement shall apply to outcall massages. 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 as "clean linen" and "soiled linen," respectively. R6876-000111151687v1.doc Ordinance No.489 Page 9 of 18 d. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and 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, provided, however, that massage establishments having separate massage rooms for male and female patrons (or separate rooms for all male or all-female patrons) may provide `couples massages" in a single room, subject to the requirements of this subsection (5). Couples massages, i.e., concurrent massage of two persons, are permitted within one room provided all other requirements of this chapter are satisfied, including, but not limited to, the provision of a separate massage table and massage technician for each customer. Any room to be used for couples massage shall be sufficiently sized to as to comply with any and all applicable Building and Fire Codes and to permit free passage and movements of the massage technicians. 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 toilet and one wash basin, 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. Wash Basins for Employees. A minimum of one separate wash basin 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. Other than permittees conducting outcall massages in accordance with the provisions of this chapter, the permittee shall not conduct massages or operate a massage establishment between the hours of eleven p.m. and seven 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, R6876-0001\1151687v1.doc Ordinance No.489 Page 10 of 18 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. This requirement shall apply to the conduct of outcall massages. 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. This requirement shall apply to the conduct of outcall massages, with the exception of chair massages. Beds, mattresses and waterbeds may not be used in the administration of a massage, including outcall massages. 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 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. However, alcoholic beverages may be present during an outcall massage, so long as it is not provided or served by the massage establishment or massage technician. Alcoholic beverages may be provided in designated areas of the massage establishment, if specifically authorized by a conditional use permit issued by the City and all required licenses, including licenses for the sale of alcoholic beverages issued by the California Department of Alcohol Beverage Control, have been obtained and remain valid. 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. 6. No massage establishment or massage technician shall sell or serve food or beverages on the premises where the massage R6876-0001\1151687v1.doc Ordinance No.489 Page 11 of 18 establishment is being conducted, except that food and beverages may be present during the conduct of outcall massages, so long as the food and beverages are not provided or served by the massage technician. Food and beverages may be provided in designated areas of the massage establishment, if specifically authorized by a conditional use permit issued by the City and all required licenses, including any additional license required by Section 5.10.120, have been obtained and remain valid. 7. Physical Contact Prohibited. No massage establishment shall permit any massage technician, in the course of administering any massage service, including outcall massages, 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, including outcall massages, 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 subsections 1-8 of Section 5.10.070(A). 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 12 of 18 In addition to the information required in Sections 5.10.030(B) and 5.24.040(A)(2- 8), an application for a permit required by this article shall also include: A. Written proof that the applicant is over the age of eighteen years; B. 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; C. Business, occupation or employment of the applicant for the three years immediately preceding the date of the application; D. All convictions for any crime, except for minor traffic violations, and the reasons therefor; E. A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease, including, at a minimum, Hepatitis A, B & C, Tuberculosis, Syphilis, Gonorrhea, HIV and Chlamydia, and any other diseases now or in the future deemed contagious or communicable by the Los Angeles County Health Department. Certificates shall be mailed by the medical doctor directly to the City in a sealed envelope marked "confidential"; and F. Such other identification and information reasonably necessary to discover the truth of the matters specified in subsections A through E of this section. 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; 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; 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 13 of 18 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 years of age; D. The applicant has not been registered in any state as a prostitute; E. The applicant provides proof of education or experience as required in Section 5.24.220; and F. Notwithstanding any other provision of this Code, an application for a permit shall be denied upon a showing by the city of proof that the applicant is required to register under the provisions of California Penal Code Section 290. 5.24.240 Operating requirements. A. 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, or while conducting outcall massages in accordance with the provisions of this chapter, be clean;and wear nontransparent outer garments covering the body from knee to neck. B. Physical Contact Prohibited. No massage technician shall, in the course of administering any massage service, including outcall massages, 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, including outcall massages, 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 14 of 18 C. 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. D. Display of Permit. The massage technician permit issued pursuant to this chapter shall remain in the technician's possession at all times while the technician is administering a massage and shall be presented upon the request of any other person. 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), 266(i), 315, 316 or 318 (or their respective successors); B. The permittee has failed to permit the city or any authorized authorities to conduct any inspections authorized by this title including, without limitation, Sections 5.10.100(C), 5.24.060(F) or any other inspection authorized by this Code; or 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 and provide any treatment administered in good faith. 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. R6876-0001\1151687v1.doc Ordinance No.489 Page 15 of 18 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. 9. Persons certified by the State pursuant to Government Code Section 4600, et. seq. and establishments or businesses who employ or use only persons certified pursuant to the same. 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. C. Persons that have been certified by the State and establishments or businesses that employ or enter into contracts only with persons who have been certified by the State and, therefore, are exempt from the permitting requirements of this Chapter, pursuant to Chapter 10.5 (beginning with Section 4600, et. seq) of the Business and Professions Code, due to the preemption set forth therein, but only to the extent of such preemption. Persons and establishments or businesses claiming to be exempt pursuant to this subsection (C) shall have the burden of establishing the applicability of such exemption and shall maintain, on their premises or on their person, as applicable, evidence of such exemption, which must be presented upon request for review by the city or its agents or employees. 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 Section 5.24.060 would cause an undue financial hardship to the applicant. R6876-0001\1151687v1.doc Ordinance No.489 Page 16 of 18 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 subsection (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. C. Findings. The director or his or her designee shall issue the hardship waiver or deny the request within fifteen 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 subsection (A) of this section and that the supporting documentation submitted with the application demonstrates to his or her satisfaction that either: 1. The facility lacks the physical space to meet the requirements set forth in Section 5.24.060; or 2. 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 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective. Section 7: 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 8: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. R6876-0001\1151687v1.doc Ordinance No.489 Page 17 of 18 PASSED, APPROVED and ADOPTED this 16th day of June 2009. LOP hie ayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, 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. 489 passed first reading on June 2, 2009, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 16, 2009 by the following vote: AYES: Gardiner, Long, Stern, Wolowicz and Clark NOES: None ABSENT: None ABSTAIN: None &1(c&— / City Clerk R6876-0001\1151687v1.doc Ordinance No.489 Page 18 of 18 Ajl! OS VEVERDES AL RANCHO 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 June 25, 2009, she caused to be posted the following document entitled: ORDINANCE NO. 489, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 5.24 (MASSAGE ESTABLISHMENTS AND TECHNICIANS) OF THE CITY'S 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 Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. / / I / ///, _i City Clerk W:\FORMS\Form 150-Affidavit of Posting Ordinance No.489.doc