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RPVCCA_CC_SR_2013_02_05_C_Ord_544_Massage_Establishments_And_TechniciansCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR &CITY COUNCIL MEMBERS CAROL W.LYNCH,CITY ATTORNEY FEBRUARY 5,2013 ADOPTION OF ORDINANCE NO.544 -MASSAGE ESTABLISHMENTS AND TECHNICIANS CAROLYN LEHR,CITY MANAGER .~ RECOMMENDATION Adopt Ordinance 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. BACKGROUND In 2008,the City amended its regulations as set forth in Chapter 5.24 of Title 5 of the Rancho Palos Verdes Municipal Code regarding massage establishments and technicians.Proposed Ordinance No.544 amends the Municipal Code to further clarify and amend the City's regulations to allow only massage therapists with a valid CAMTC certification to perform massages in the City.Making this change streamlines the City's regulatory process in a manner that is consistent with recent State Legislation. DISCUSSION At the City Council meeting on January 15,2013,the City Council introduced the proposed ordinance to amend of the Rancho Palos Verdes Municipal Code regarding the regulation of massage establishments and technicians.The proposed ordinance is now on the agenda for a second reading and adoption.It will be effective thirty (30)days from its passage. Attachment:Ordinance No.544 C-1 ORDINANCE 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 C-2 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 aga,inst,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 2 C-3 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. 3 C-4 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. 4 C-5 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. 5 C-6 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. 6 C-7 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. 7 C-8 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. athletic teams. Trainers of amateur,semi-professional or professional athletes or 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 anyone 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. 8 C-9 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 requirements of Subsection (A)of this Section and that the supporting documentation submitted with the application demonstrates to his or her satisfaction that either the facility lacks the physical .space 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, 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 phrases 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 anyone 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. PASSED,APPROVED and ADOPTED this 5th day of February,2013. Mayor 9 C-10 ATTEST: City Clerk State of California County of Los Angeles City of Rancho Palos Verdes ) )ss ) 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: NOES: ABSENT: ABSTAIN: City Clerk 10 C-11