ORD 544ORDINANCE NO. 544
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE REGARDING THE REGULATION OF
MASSAGE ESTABLISHMENTS AND TECHNICIANS.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Section 5.08.010 ( "County Ordinance Adopted ") of Chapter 5.08
( "Business Regulations ") of Title 5 ( "Business Taxes, Licenses and Regulations ") of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
"A. Ordinance No. 5860 of the County of Los Angeles, entitled "An Ordinance
Regulating and Licensing Businesses in the Unincorporated Area of the County of Los
Angeles," as amended and in effect on September 7, 1973, is adopted as an ordinance
regulating businesses in the City of Rancho Palos Verdes.
B. Three (3) copies of Ordinance No. 5860 of the County of Los Angeles, California,
as amended, have been deposited with the office of the City Clerk of the City of Rancho
Palos Verdes and shall be at all times maintained by the clerk for use and examination
by the public.
C. Notwithstanding Subsection A of this Section, Chapter 7.54 ( "Massage ") of the
Los Angeles County Code is hereby repealed."
Section 2. Section 5.08.220 ( "Section 7.54.240 of Massage Ordinance
Amended ") of Chapter 5.08 ( "Business Regulations ") of Title 5 ( "Business Taxes,
Licenses and Regulations ") of the Rancho Palos Verdes Municipal Code is hereby
repealed in its entirety.
Section 3. Section 5.10.010 ( "Definitions ") of Chapter 5.10 ( "Business and
Occupation Permits ") of Title 5 ( "Business Taxes, Licenses and Regulations ") of the
Rancho Palos Verdes Municipal Code is hereby amended by repealing the following
terms and their corresponding definitions: "chair massage," "massage," "massage
services," "massage establishment," "massage technician," "masseuse," "outcall
massage" and "recognized school of massage."
Section 4. Subsection (A) of Section 5.10.020 ( "Permit Required for Certain
Businesses ") of Chapter 5.10 ( "Business and Occupation Permits ") of Title 5 ( "Business
Taxes, Licenses and Regulations ") of the Rancho Palos Verdes Municipal Code is
hereby amended in its entirety to read as follows:
"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. Escort *;
2. Escort bureau *;
3. Peddler."
Section 5. Article 1 ( "Massage Establishments ") of Chapter 5.24 ( "Massage
Establishments and Technicians ") of Title 5 ( "Business Taxes, Licenses and
Regulations ") of the Rancho Palos Verdes Municipal Code is hereby amended in its
entirety to read as follows:
"ARTICLE 1. MASSAGE ESTABLISHMENTS
5.24.010 - Definitions.
5.24.020 - Permit and certifications required.
5.24.030 - Operating requirements.
5.24.040 - Joint liability; Failure to comply.
5.24.010 - Definitions.
Whenever any of the following terms are used in this Chapter, each such term
shall be deemed and construed to have the meaning ascribed to it in this Section as
follows:
A. "CAMTC" means the California Massage Therapy Council created under
Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and
Professions Code.
B. "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.
C. "Director" means the Community Development Director or his or her
designee.
D. "Massage" or "massage services" means and includes any method of
treating the external parts of the human body for any form of consideration for remedial,
health or hygienic purposes by means of pressure on or friction against, or stroking,
kneading, rubbing, tapping, compressing, pounding, vibrating, manipulating 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, powders, creams, lotions, ointments,
or other similar preparations. "Massage" and "massage services" shall further include
Ordinance No. 544
Page 2 of 10
any bath, shower, electric tub, sponge bath, facial massage, fomentations, massage,
electric or magnetic treatment, acupressure, shiatsu, reflexology, alcohol rubs, and
Russian, Swedish, Japanese or Turkish baths.
E. "Massage establishment" means a business or establishment, including a
sole proprietor or independent contractor, that offers massage services at a fixed place
of business, and also includes all establishments or businesses where a massage is
provided as an ancillary service, such as gyms, clubs, day spas and professional offices
where such massage is not otherwise exempt under this Chapter.
F. "Massage technician" means any person who administers to another
person, for any form of consideration, massage or massage services. The terms
"massage therapist," "masseuse," "massage practitioner," or any other term used within
the massage industry to refer to a person who provides massage services are included
within this definition. "Massage technician" shall include a student at a school of
massage who administers a massage to any person for payment whether the payment
is received by the student, the school, or a massage establishment. A "massage
technician" also includes any person providing massage services for a person or facility
listed in Section 5.24.200, unless the massage technician also is included within one of
the exceptions specified in Section 5.24.200.
G. "Outcall massage" means any massage performed by a massage
technician outside of the massage establishment where the massage technician is
employed or a massage administered by any person who is not employed by a fixed
location massage establishment in the City.
5.24.020 — Permit and certifications required.
A. No person shall own or operate a massage establishment in or upon any
premises within the City without first obtaining a City business license pursuant to
Chapter 5.04.
B. No person may own or operate a massage establishment in or upon any
premises within the City unless all persons providing massage services at or on behalf
of the massage establishment have a CAMTC certification.
C. No person may operate a new massage establishment in a location in the
City where a massage establishment was closed due to criminal activity.
D. A massage establishment may not allow a person who has had his or her
CAMTC certification suspended to provide any massage services for the duration of the
suspension period.
E. A massage establishment may not allow a person who has had his or her
CAMTC certification revoked to provide any massage services.
Ordinance No. 544
Page 3 of 10
F. Each massage establishment shall maintain on its premises evidence for
review by local authorities that demonstrates that the massage establishment has a
valid City business license and that all persons providing massage services are
CAMTC - certified .
5.24.30- Operating requirements.
A.The owner or operator of a massage establishment shall notify the Director in
writing of the name of each person providing massage services at or on behalf of the
massage establishment or employed as an on -site manager within five (5) business
days of that person being employed or utilized and shall provide a copy of the
individual's CAMTC certification.
B. Change in Business. The owner or operator of a massage establishment
shall immediately notify the Director of any intention to rename, change management,
or convey the business to another person.
C. Site Requirements. A massage establishment shall comply with the
following criteria:
1. Building Code Requirements.
a. Minimum lighting shall be provided in accordance with the
Building Code, and, in addition, at least one (1) artificial light of not less than forty (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.
2. Washbasins. A minimum of one (1) separate washbasin shall be
provided in each massage establishment for the use by employees and anyone else
providing massage services, 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 permanently installed sanitary towel dispensers.
D. Operational Requirements. A massage establishment shall be maintained
and operated in conformity with the following criteria:
1. Maintenance of Premises and Equipment.
a. All walls, ceilings, floors, pools, showers, bathtubs, steam
rooms and all other physical facilities for the massage establishment shall be in good
repair and maintained in a clean and sanitary condition.
Ordinance No. 544
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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. 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.
d. Clean and sanitary towels and linens shall be provided for
each patron of the massage establishment or each patron receiving massage services.
No common use of towels or linens shall be permitted. This requirement shall also
apply to outcall massages.
e. Adequate equipment for disinfecting and sterilizing
instruments used in performing the massage services shall be provided. This
requirement shall also apply to outcall massages.
f. Hot and cold running water shall be provided at all times.
g. Washbasins for employees and anyone else providing
massage services shall provide soap or detergent, hot and cold running water at all
times, and sanitary towels placed in permanently installed sanitary towel dispensers.
h. Standard or portable massage tables shall be used with a
durable, washable plastic or other waterproof material as a covering. This requirement
shall apply to outcall massages.
i. Doors. The premises, exterior doors and interior doors shall
remain unlocked during business hours (including electric locking devices), unless there
is no staff available to ensure security for clients and massage technicians who are
behind closed doors.
2. Physical Contact Prohibited. No massage establishment shall
permit any massage technician in the course of administering any massage service,
including in an outcall massage, to expose his or her specified anatomical areas, as
defined in Section 5.10.010, or to make physical contact with the specified anatomical
areas of any client.
E. 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 during regular business hours to observe and enforce
compliance with applicable regulations, ordinances, laws, Codes, and provisions of this
Chapter.
Ordinance No. 544
Page 5 of 10
F. Background Check. The Director may, at his or her discretion, require a
background check of an owner or operator of a massage establishment who owns five
percent (5 %) or more of a massage establishment and who is not certified by the
CAMTC.
5.24.040 - Joint liability; Failure to comply.
An owner or operator of a massage establishment shall be responsible for the
conduct of all employees or independent contractors working on the premises of the
establishment and for all massage therapists providing outcall massages on behalf of
the massage establishment. Failure to comply with Chapter 10.5 (commencing with
Section 4600) of Division 2 of the Business and Professions Code, this Chapter, or any
other applicable regulation, ordinance, law or Code may result in the suspension,
revocation and /or lack of renewal of a City business license."
Section 6. Article 2 ( "Massage Technicians ") of Chapter 5.24 ( "Massage
Establishments and Technicians ") of Title 5 ( "Business Taxes, Licenses and
Regulations ") of the Rancho Palos Verdes Municipal Code is hereby amended in its
entirety to read as follows:
"ARTICLE 2. MASSAGE TECHNICIANS
5.24.100 - Certification required.
5.24.110 - Operating requirements.
5.24.100 - Certification required.
A. No person shall act as a massage technician or perform any massage
services in the City unless such person holds and maintains a current, valid massage -
related certification issued by the CAMTC.
B. No person who has had his or her CAMTC certification suspended shall
provide any massage services for the duration of the suspension period.
C. No person who has had his or her CAMTC certification revoked shall
provide any massage services.
5.24.110 —Operating requirements.
A. Certification. Within five (5) business days of employment or the
performance of massage services within the City, a massage technician shall submit a
copy of his or her CAMTC certification to the Director and to any massage
establishment where he or she will provide any massage services.
Ordinance No. 544
Page 6 of 10
B. Disciplinary Action. A massage technician must notify the City
immediately of any disciplinary action taken by the CAMTC upon that massage
technician. If the CAMTC issues any written notice or order regarding such discipline,
the massage technician must immediately submit a copy of that notice or order to the
Director.
C. Attire. A massage technician shall at all times while on the premises of
the establishment or while conducting outcall massages be clean and wear
nontransparent outer garments covering the body from knee to neck.
D. Physical Contact Prohibited. No massage technician shall, in the course
of administering any massage service, expose his or her specified anatomical areas or
make physical contact with the specified anatomical areas of any client.
E. Doors. No massage technician shall lock the premises, exterior doors or
any interior doors during business hours (including electric locking devices), unless
there is no staff available to ensure security for clients and massage technicians who
are behind closed doors.
F. Employer Compliance. No massage technician shall knowingly provide
massage services at a massage establishment that does not comply with the operating
requirements in Section 5.24.030 of this Chapter.
G. Display of Certificate or Identification Card. The CAMTC certification or
any CAMTC - issued identification card shall remain in the massage technician's
possession at all times while the massage technician is administering a massage and
shall be presented upon the request of any other person."
Section 7. Article 3 ( "General Requirements ") of Chapter 5.24 ( "Massage
Establishments and Technicians ") of Title 5 ( "Business Taxes, Licenses and
Regulations ") of the Rancho Palos Verdes Municipal Code is hereby amended in its
entirety to read as follows:
"ARTICLE 3. GENERAL REQUIREMENTS
5.24.200 - Exemptions.
5.24.210 - Hardship waiver.
5.24.200 - Exemptions.
A. The provisions of this Chapter shall not apply to the following:
1. Physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are duly licensed to practice their respective professions in the State.
Ordinance No. 544
Page 7 of 10
2. Nurses registered under the laws of the State.
3. Persons who are licensed to practice any healing art other than
massage 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 feet, hands, 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 (1)
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 utilize or employ a massage technician unless such massage technician
possesses a valid CAMTC certification that has not been suspended or revoked.
5.24.210 - 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 (1) massage technician provides massage services at said business at
any one time, may apply for a hardship waiver relieving him or her from complying with
the facilities requirements set forth in Section 5.24.030 under either of the following
circumstances:
1. The facility in question lacks the physical space to comply with the
requirements set forth in Section 5.24.030; or
2. Compliance with the requirements set forth in Section 5.24.030
would cause an undue financial hardship to the applicant.
Ordinance No. 544
Page 8 of 10
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 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 5.24.030 or that compliance with said_ requirements
would cause an undue financial hardship to the applicant.
C. Findings. The Director shall issue the hardship waiver or, deny the request
within fifteen business days of receipt of the application. The Director may issue ,a
hardship waiver if he or she finds that the facility complies with the "Ireq,uirementer 'of
Subsection A) of this Section and that the supporting documentation- ,subr�ijfted Vith the
application demonstrates to his or her satisfaction that either the facility lacks the
physical p h sical s ace to meet the requirements set forth in Section 5.24.030 or compliance
with the requirements set forth in Section 5.24.030 would cause an undue financial
hardship to the applicant who is requesting the hardship waiver. The Director 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 8. Severability. If any section, subsection, subdivision, paragraph,
0 M.
sentence, clause or phrase of this Ordinance or its application to any person or
circumstance,- , Is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability; of 'the remaining sections, subsections, subdivisions, paragraphs,
sentences clauses -or p hrases of this Ordinance, or its application to any other person
or circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that -an Y one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 9. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
Ordinance No. 544
Page 9 of 10
PASSED, APPROVED and ADOPTED this 5th day of February, 2013.
May
ATTEST:
pity 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, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 544 passed first reading on January 15, 2013, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on February 5,
2013, and that the same was passed and adopted by the following roll call vote:
AYES:
Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES:
None
ABSENT:
None
ABSTAIN:
None
.City Clerk
Ordinance No. 544
Page 10 of 10
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF RANCHO PALOS VERDES)
RANCHO PALOS VERDES
AFFIDAVIT OF POSTING
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 February 6, 2013, she caused to be posted the following document
entitled: ORDINANCE NO. 5441 AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE REGARDING THE REGULATION OF MASSAGE ESTABLISHMENTS
AND TECHNICIANS, a copy of which is attached hereto, in the following
locations:
City Hall
30940 Hawthorne Blvd.
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
Ladera Linda Community Center
32201 Forrestal Drive
Rancho Palos Verdes
certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
City Clerk
W: \FORMS \Form 150 Archived Affidavits (old�Form 150 - Affidavit of Posting Ordinance No. 544.doc