Chapter 5.22
MASSAGE ESTABLISHMENTS
Sections:
5.22.005 Findings and purpose.
5.22.015 Operator’s permit required.
5.22.020 Application for operator’s permit.
5.22.025 Operator’s permit issuance and denial.
5.22.030 Massage technician permit required.
5.22.035 Massage technician identification card.
5.22.040 Application for massage technician permit.
5.22.045 Massage technician permit issuance and denial.
5.22.050 Off-premises massage permit.
5.22.055 Requirements of operation.
5.22.065 Massage services in athletic clubs.
5.22.070 Massage services in hotels.
5.22.075 Transfer and duration of permits.
5.22.080 Application to existing businesses and technicians.
5.22.085 Suspension, revocation, denial and appeal.
5.22.090 General exemptions from chapter.
5.22.095 Exemption for MTO certificate holder(s)—Applicable regulations.
5.22.200 Violation and penalty.
5.22.005 Findings and purpose.
The city council finds and declares as follows:
A. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.
B. There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians and this chapter provides reasonable safeguards against injury and economic loss.
C. The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved. This chapter is intended to provide for the orderly regulation of persons and establishments engaged in the practice of massage therapy, as defined in this chapter, in the interest of the public health, safety and welfare. The city of Cerritos wishes to both recognize the practice of massage therapy as a valid professional field and to discourage the use of massage therapy as a subterfuge by persons with criminal tendencies to violate subdivision (a) or (b) of Section 647 of the California Penal Code or to commit other unlawful activity.
D. This chapter is enacted pursuant to the provisions of Sections 51030 through 51034 of the California Government Code, Sections 4600 through 4620 and 16000 of the California Business and Professions Code, and Article XI, Section 7 of the California Constitution.
E. The provisions of this chapter are not intended to be exclusive and compliance with this chapter shall not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses, including but not limited to all zoning regulations, business license provisions, building code, and fire, electrical, plumbing and health and safety code laws and regulations applicable to professional or personal services businesses.
F. By adopting this chapter, the city of Cerritos does not intend to regulate in any area preempted by state or local law, including but not limited to, Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code. (Ord. 953 § 1, 2010: Ord. 803 § 1 (part), 1999)
5.22.010 Definitions.
Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“City” means the city of Cerritos.
“City council” means the city council of the city of Cerritos.
“City manager” means the city manager of the city of Cerritos, or his/her designated representative.
“Conviction” or “convicted” means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
“Customer area” means areas open to customers of the establishment.
“Health department” means the Los Angeles County department of health services.
“Manager” means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications of Section 5.22.030 et seq. to qualify as a manager and obtain a technician permit.
“Massage” means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice.
“Massage establishment” means any business conducted within the city of Cerritos where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage.
“Massage practitioner” means any person to whom a massage therapy organization (MTO) certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms “bodywork practitioner” or “massage and bodywork practitioner” shall have the same meaning as “massage practitioner.”
“Massage technician” means any person who administers to another person a massage for any form of consideration. The terms “massage therapist” and “massage practitioner” are included within this definition for purposes of this chapter.
“Massage therapist” means any person to whom a MTO certificate has been issued pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms “bodyworker,” “bodywork therapist,” or “massage and bodywork therapist” shall have the same meaning as “massage therapist.”
“MTO” means the massage therapy organization (also known as the California Massage Therapy Council) established in accordance with Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code.
“MTO certificate” means the certificate issued by the massage therapy organization to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code.
“Operator” means all persons who have an ownership interest in the massage establishment and are responsible for its day-to-day operations.
“Operator’s permit” means the permit required pursuant to the provisions of this chapter to operate or manage a massage establishment.
“Owner” means the individual(s) whose name appears on the city business license.
“Person” means any individual, or corporation, partnership, association or other group or combination of individuals acting as an entity.
“Recognized school of massage” means any school or institution of learning which teaches, through state-certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code Section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed recognized schools.
“Sheriff” means the designated representative of the Los Angeles County sheriff’s department.
“Sheriff’s department” means the sheriff’s department of the county of Los Angeles.
For purposes of this chapter, the term “employee” shall include independent contractors. (Ord. 953 § 2, 2010: Ord. 803 § 1 (part), 1999)
5.22.015 Operator’s permit required.
Unless exempt under Section 5.22.090 or 5.22.095, no person shall operate a massage establishment within the city without first obtaining and maintaining a valid operator’s permit pursuant to Sections 5.22.020 and 5.22.025 of this chapter, securing and maintaining a valid business license as required by this code, and complying with Title 22 of this code. (Ord. 953 § 3, 2010: Ord. 803 § 1 (part), 1999)
5.22.020 Application for operator’s permit.
A. Any person desiring an operator’s permit for a massage establishment shall file a written application on the required form with a representative of the Los Angeles County sheriff’s department who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall be completed and signed by the operator of the proposed massage establishment if a sole proprietorship; all general partners if the operator is a partnership; all officers or all directors if the operator is a corporation; and all participants, if the operator is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such permit has been issued. The application shall contain or be accompanied by the following information:
1. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than ten percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged.
2. The precise name under which the massage establishment is to be conducted.
3. A detailed description of the manner of providing the proposed services, including types of services and the number of persons engaged in the services.
4. The complete address and all telephone numbers of the massage establishment.
5. Hours of operation.
6. A location and floor plan showing where the massage services are proposed to be conducted within the building and for off-premises services, a statement of the location and address of the premises where services are arranged or scheduled and a description of the process for providing off-premises services and description of the off-premises locations for such services.
7. A complete current list of the names and residence addresses of all proposed massage technicians and employees in the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment.
8. A description of any other business operated on the same premises, or within the city or the state of California which is owned or operated by the applicant.
9. For a renewal application, the applicant in addition to the information requested in the immediately proceeding and following sections shall indicate any changes since the filing of the initial application.
10. The following personal information concerning the applicant:
a. Full complete name and all aliases used by the applicant;
b. Current address and all previous residence addresses for five years immediately preceding the present address of the applicant;
c. Acceptable proof that the applicant is at least eighteen years of age;
d. Height, weight, color of hair, eyes and gender;
e. Two front-faced portrait photographs taken by and in the manner prescribed by the Los Angeles County sheriff’s department;
f. The applicant’s complete business, occupation and employment history for five years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant;
g. The complete massage permit history of the applicant; 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 denied, revoked or suspended; or if a vocational or professional license or permit was denied, revoked or suspended; and the reason therefor;
h. All criminal convictions, including pleas of nolo contendere, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;
i. A complete set of fingerprints taken by and in the manner prescribed by the Los Angeles County sheriff’s department.
11. 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/her property.
12. Authorization for the city, its agents and employees to seek verification of the information contained in the application.
13. Such other identification and information as the sheriff’s department may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
14. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
15. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the city of such change within ten business days thereafter, in writing.
16. An applicant shall designate on the application whether he or she will operate off-premises. This information shall be included on the permit.
B. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 4, 2010; Ord. 803 § 1 (part), 1999)
5.22.025 Operator’s permit issuance and denial.
A. Upon receipt of a completed written application for a permit, the Los Angeles County sheriff’s department shall conduct an investigation to ascertain whether such permit should be issued as requested. The sheriff’s department shall, within ninety days of receipt of a completed application, recommend approval, conditional approval or denial of the application and notify the city of its determination. The ninety-day period may be extended for up to thirty additional days, if necessary, to complete the investigation. The city shall issue such permit as requested, unless it makes any of the following findings:
1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, has preceding the date of the application:
a. Been convicted of a violation of the California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
b. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 and 11058;
c. Been convicted of any offense in any other state which is the equivalent of any of the above mentioned offenses;
d. Been engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter;
e. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California;
f. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator;
g. Had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state.
2. The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
3. The application does not contain all the information required by Section 5.22.020.
4. The massage establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.
5. The applicant has not satisfied the requirements of this chapter in the time specified.
6. If the application is denied for failure to comply with subsection (A) (2) or (3) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
7. The applicant has demonstrated that he or she cannot be trusted with the privileges this permit grants by a history of violations of laws associated with the operations of any regulated business activity.
B. All operators and managers shall comply with the following conditions and any other conditions specified by the sheriff’s department:
1. Except to the extent required, in writing, by a state-licensed medical practitioner, no massage technician or employee shall massage or touch the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage or touch. No massage operator or designated manager while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered.
2. No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit.
3. All massage establishments required to be licensed under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the sheriff’s department prior to designating the person or persons with power to act as a manager. The operator and/or on duty manager shall post, on a daily basis, the name of each on duty manager and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator’s absence, shall be responsible for ensuring compliance with this chapter.
4. No licensed establishment shall be open for business without having at least one massage technician holding a current valid permit issued by the city for the specific establishment on the premises, and on duty, at all times when the establishment is open.
5. The operator and/or designated manager(s) shall ensure the massage technician permit for each on-duty massage technician is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has on their person the identification required by Section 5.22.035 at all times when in the massage establishment. Such identification shall be provided to sheriff’s department personnel or city regulatory officials upon demand.
6. An operator and/or on-duty manager shall be responsible for the conduct of all employees or agents of the massage establishment while they are on the licensed premises. Any act or omission of any employee or agent constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended, denied or renewed.
7. No operator or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this chapter. Every operator or manager shall report to the sheriff’s department any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the sheriff’s department. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the sheriff’s department within five days.
8. All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent material and provide complete covering from midthigh to three inches below the collar bone.
9. The operator and/or on-duty manager shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be recorded in ink without alterations and maintained in the register on the premises for a period of two years following termination. The operator and/or manager on duty shall make the register of employees available immediately for inspection upon demand by a representative of the sheriff’s department at all times.
10. Each operator shall provide the city with evidence of the insurance required by Section 5.22.055 prior to the issuance of the permit.
11. The operator shall comply with all provisions of this chapter and any applicable provisions of this code. Violations may result in the suspension and/or revocation of said permit.
12. No visitors may be permitted beyond the designated reception area and/or lobby.
C. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 5, 2010; Ord. 803 § 1 (part), 1999)
5.22.030 Massage technician permit required.
Unless exempt under Section 5.22.090 or 5.22.095, no person shall perform or administer a massage in the city, unless such person has in effect a valid massage technician permit issued pursuant to Sections 5.22.040 and 5.22.045 of this chapter. A massage technician shall comply with the requirements of Sections 5.22.040 and 5.22.045. (Ord. 953 § 6, 2010: Ord. 803 § 1 (part), 1999)
5.22.035 Massage technician identification card.
Each massage technician shall be issued by the city an identification card which will contain a photograph of the massage technician, his or her California Department of Motor Vehicles identification number and information to identify that the person is holding a massage technician permit from the city. The technician shall have such card in his or her possession at all times when acting as a massage technician and shall produce same for inspection upon request by any representative of the Los Angeles County sheriff’s department or city regulatory official. Each massage technician shall immediately surrender to the sheriff’s department or city regulatory official any identification card issued to him or her upon suspension, revocation or expiration of said permit or upon leaving employment as a massage technician. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 7, 2010: Ord. 803 § 1 (part), 1999)
5.22.040 Application for massage technician permit.
A. Unless exempt under Section 5.22.090 or 5.22.095, any person desiring a massage technician permit shall file a written application on the required form with a representative of the Los Angeles County sheriff’s department who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall contain the following information:
1. A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the name and address of the following personal information concerning the applicant:
a. Full complete name, and all aliases used by the applicant, along with complete residence address and telephone;
b. All previous residence addresses for five years immediately preceding the current address of the applicant;
c. Acceptable written proof that the applicant is at least eighteen years of age;
d. Height, weight, color of hair and eyes, and gender;
e. Two front-faced portrait photographs taken by and in the manner prescribed by the Los Angeles County sheriff’s department;
f. The business, occupation and employment history of the applicant for the five years immediately preceding the date of the application;
g. The complete permit history of the applicant and whether such person has ever had any license or permit, issued by any agency, board, city or other jurisdiction, denied, revoked or suspended and the reasons therefor.
2. All criminal convictions, including pleas of nolo contendere, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor.
3. A complete set of fingerprints taken by and in the manner prescribed by the Los Angeles County sheriff’s department.
4. Such other information and identification as the sheriff’s department may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
5. Authorization for the city, its agents and employees to seek verification of the information contained in the application.
6. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
7. If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the sheriff’s department of such change within ten business days thereafter, in writing.
B. Each applicant must furnish an original or certified copy of a diploma or certificate and certified transcript of graduation for completion of five hundred hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by state-certified instructors. The applicant must also supply a course description, an outline of material covered, and a letter to the city from the school administrator verifying completion.
1. The sheriff’s department may consider an applicant’s study of massage completed outside the state of California if proof of completion from a formalized course of study in massage practice, anatomy and physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended.
2. Any outside course of study submitted for approval shall meet the state of California’s Office of Post-Secondary Education’s minimum requirements and be for completion of five hundred hours of on-premises training.
C. Each massage technician must pass a written test dealing with the requirements of this chapter every thirty-six months. A score of seventy percent or better is required on each section of the written test. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six months thereafter. An additional processing fee may be required to be filed with the city prior to each examination. The examination will be in the English language. In the event the applicant requires the examination be given in another language, the applicant must, on their own, make arrangements with a court-certified and Los Angeles County sheriff’s department-approved interpreter to interpret the ordinance examination. Proof of court certification must be provided to the sheriff’s department prior to the administration of the examination.
D. The applicant must also meet and provide documentary proof of the following requirements:
1. Completed five hundred hours of instruction in a massage specialty (therapeutic approach) at a recognized school of massage taught by state-certified instructors.
2. The applicant must take and pass a written examination prior to the issuance of the massage technician permit. The applicant must pass the examination once every thirty-six months. A score of seventy percent or better is required in each section of the written test. The examination shall meet the following requirements:
a. The examination shall fairly determine the ability of the applicant to perform the work which the applicant will be authorized to do by the permit applied for, and shall include, but is not limited to, the following subjects: anatomy, physiology, pathology, hygiene, contraindications, sanitation, massage theory, ethics of massage practice, first aid and CPR, and the provisions of this chapter.
b. Qualified persons shall prepare the examination. A qualified person shall have at least five years of licensing or practice in his or her health care field and shall include licensed health care professionals, such as doctors, chiropractors, massage therapists, massage school instructors, physical therapists and individuals who have pursued required courses in and graduated from an approved massage school and received a diploma from the massage school.
c. The city shall establish standards and procedures governing the administration and grading of all examinations and shall exercise such supervision as may be necessary to ensure compliance therewith.
d. The examination will be in the English language. In the event that the applicant requires that the examination be given in another language, the applicant must, on their own, make arrangements with a court-certified and the sheriff’s department-approved interpreter to interpret the examination. Proof of valid court certification must be provided to the sheriff’s department or its designee prior to the administration of the examination.
e. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty days after the previous examination. An applicant who fails to pass upon a second attempt shall not be again eligible until six months thereafter. An additional processing fee shall be required to be filed with the city prior to each examination and in accordance with the fee resolution. (Ord. 953 § 8, 2010; Ord. 803 § 1 (part), 1999)
5.22.045 Massage technician permit issuance and denial.
A. Upon receipt of a completed written application for a permit, the sheriff’s department shall conduct an investigation in such manner as it deems appropriate in order to ascertain whether such permit should be issued as requested. The sheriff’s department shall recommend approval, conditional approval or denial of the application within ninety days of the filing of a completed application and notify the city of its determination. The ninety-day period may be continued for an additional thirty days if necessitated by the occurrence of events beyond the control of the sheriff’s department. The city shall issue such permit as requested, unless it makes any of the following findings:
1. The applicant has been convicted of any of the following prior to filing a completed application:
a. A violation of Penal Code Sections 266(h), 266(i), 314, 315, 316, 318, subsections (a) or (b) of Penal Code Section 647 or that the applicant is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the previously listed crimes;
b. A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; or
c. Any offense in any other state which is the equivalent of any of the above-mentioned offenses.
2. The applicant has engaged in conduct which would constitute an offense as described in subsection (A)(1)(a) of this section prior to the filing of any application.
3. The applicant has committed an act, which, if committed in this state would have been a violation of law or condition of approval and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.
4. The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician.
5. The applicant has had a massage establishment permit or massage technician’s permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state prior to the date of the application.
6. The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
7. The application does not contain the information required by Section 5.22.040.
8. The applicant has not satisfied the requirements of this chapter in the time specified.
9. If the application is denied for failure to comply with subsection (A)(6) or (7) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
B. All massage technicians shall comply with the following conditions and any other conditions specified by the sheriff’s department on issuance of the massage technician’s permit:
1. Except to the extent required, in writing, by a state-licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage or touch the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered.
2. No massage technician shall massage or touch any patron unless the person’s genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron.
3. The massage technician shall wear or have on their person a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to any representatives of the sheriff’s department or city regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she shall, prior to such change, obtain from the sheriff’s department a new photo identification card and advise the sheriff’s department, in writing, of the new business address.
4. Massage technicians shall not perform any massage at any location other than the location specified on the permit, unless performing an off-premises massage pursuant to permit.
5. While on duty, the massage technician shall not use any name other than that specified on the photo identification card.
6. Massage attendants shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone.
7. The massage technician consents to the inspection of the massage establishment by the city’s building and safety, county fire, sheriff and health departments for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the sheriff’s department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 5.22.055(B)(18) which would require the posting of the notice to all patrons.
C. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 9, 2010; Ord. 803 § 1 (part), 1999)
5.22.050 Off-premises massage permit.
A. For purposes of this chapter, a massage performed or administered off-premises and requiring an off-premises massage permit shall be one performed or administered for any form of consideration by a licensed massage technician at a location other than a licensed massage establishment.
B. No person shall perform or administer a massage off the premises of a massage establishment, for any form of consideration, without obtaining and maintaining a massage technician permit under Section 5.22.040 and 5.22.045 in conjunction with a valid operator’s permit and an off-premises massage permit under this section. Any person desiring an off-premises massage permit shall file a written application on the required form with the city, which shall conduct an investigation. The applicant shall include with the application a filing fee established by resolution of the city council. The application shall contain or be accompanied by the following information:
1. The complete name, including all aliases, residence and business address and telephone number of the applicant.
2. The specific reasons necessitating the performance of the massage at a location other than a massage establishment. If the off-premises massage is to be conducted at a commercial business during normal business hours while patron remains fully clothed, a letter from the commercial business confirming these conditions shall accompany the application.
3. Such other information deemed necessary by the sheriff’s department.
C. Upon receipt of a completed written application for an off-premises massage permit, the sheriff’s department shall initiate an investigation to ascertain whether such permit should be issued as requested. Within ninety days of the filing of an application, the sheriff’s department shall recommend approval, conditional approval or denial of the application and notify the city of its determination. The city shall issue the permit unless it finds that it is not reasonably necessary to perform or administer the massage at a location other than the massage establishment. The city may specify conditions on the issuance of the off-premises massage permit that are reasonably necessary to ensure compliance with this chapter and other laws.
D. An off-premises permit for chair massage only shall be valid for a period of one year. Chair massage is where a patron receives a massage while fully clothed. The areas massaged are the head, neck, back, arms, hands, feet, thighs and legs. The sheriff’s department must receive a letter from the property or business owner stating their knowledge and approval of chair massage in or adjacent to their business, the location where the chair massage will take place, and the hours to be conducted.
E. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 10, 2010; Ord. 803 § 1 (part), 1999)
5.22.055 Requirements of operation.
Unless exempt under Section 5.22.090 or 5.22.095, the following operation requirements shall apply to massage establishments:
A. Facilities.
1. Structure. Massages shall be carried out in a structure which is located in a zoning district which permits such use. When a new massage establishment is constructed, three sets of plans shall be submitted to the city and the Los Angeles County department of health services for approval and shall be accompanied by the appropriate plan check fee.
2. Signs. Each operator shall post and maintain, adjacent to the main entrance and the front of the business, a readable sign identifying the premises as a massage establishment. Such sign shall be subject to the review and approval of the department of community development. Each operator and/or on-duty manager shall display the operator’s permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted and clearly visible from the outside. The operator and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty manager as well as any on-duty massage technicians.
3. Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee, shall permit, and no massage technician shall offer or perform, any service other than those posted.
4. Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be at least one forty watt incandescent white light bulb for every one hundred twenty square feet of gross floor area and shall be activated at all times while the patron is in such room or enclosure. No strobe flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source.
5. Bath Facilities. A minimum of one toilet and one wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap can be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the operator’s option.
6. Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment separate massage rooms shall be provided for male and female patrons.
7. Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.
8. Massage Table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables should have a minimum height of eighteen inches from the floor. A minimum of two-inch thick foam pads with a maximum width of four feet shall be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises.
B. Operations.
1. Equipment. Each operator and/or on-duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.
2. Inspections. The operator and/or on-duty manager consents to the inspection of the massage establishment by the city’s building and safety, county fire, sheriff and health departments for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met.
a. The city’s building and safety, county fire, sheriff and health departments may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the sheriff’s department. The sheriff’s department may inspect the occupied massage rooms for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in subsection (B)(18) of this section which would require the posting of the notice to all patrons. During an inspection, the sheriff’s department may verify the identity of all on-duty employees.
b. A person who operates a massage establishment or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the sheriff’s department or city regulatory official at anytime it is occupied or open for business.
3. Linen. Common use of towels or linens shall not be permitted. Towels and linens shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked “clean linen” and “soiled linen” and shall have doors or covers.
4. Living Prohibited. No person or persons shall be allowed to live inside the massage establishment at any time.
5. Alcoholic Beverages/Drugs. No person shall enter, be in, or remain in, any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner, operator and manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted.
6. Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron.
7. Roster. The owner, operator or on-duty manager of the massage establishment shall keep a complete and current list of the names and addresses of all massage technicians and employees of the massage establishment and the name and residence address of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at and/or on the premises and be available for inspection by official charged with enforcement of this chapter.
8. Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons’ specified anatomical areas (as defined in Section 22.45.020 of this code), including the genital area, anus and female breast(s). No common use of such coverings shall be permitted and re-use is prohibited unless adequately cleaned.
9. Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the technician administering such service and a description of the treatment or service rendered. An exhaustive medical history form shall be completed by the massage technician to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of twenty-four months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter and for no other purpose. The sheriff’s department shall periodically inspect the records to ensure compliance with this section. Such records shall be kept on the premises of the massage establishment for a period of two years. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city of Cerritos shall constitute a misdemeanor.
10. Hours of Operation. The owner must advise the city, in writing, at the time of the application for a permit of the business hours and any changes in hours. No person shall operate a massage establishment or administer a massage in any massage establishment or administer a massage pursuant to an off premises massage permit between the hours of ten p.m. and six a.m. A massage begun any time before ten p.m. must nevertheless terminate at ten p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and clearly visible from the outside.
11. Advertising. No massage establishment granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter, 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 authorized by this chapter.
12. Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the city clerk, in full force and effect at all times, documents issued by an insurance company authorized to do business in the state of California evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of one hundred thousand dollars for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.
13. Accommodations for the Disabled. All massage establishments must comply with all state and federal laws and regulations for persons with a disability, including all applicable anti-discrimination laws.
14. Compliance. Proof of compliance with all applicable provisions of this code shall be provided.
15. Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be unlocked during business hours. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.
16. Access. No person(s) other than valid permit holders under this chapter, customers, vendors and service providers will be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation. Any other person(s) found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception/business offices or lounge area will be in violation of this section. Entry doors to any room shall not be obstructed by any means.
17. Discrimination. No massage establishment may discriminate or exclude patrons on the basis of race, gender, religion, age or sexual orientation.
18. Notices. The sheriff’s department may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in Section 5.22.025 or 5.22.045:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT WITHOUT PRIOR NOTICE.
a. The notice set forth above shall be prepared and issued by the sheriff’s department.
b. The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve months following the violation of any of the offenses set forth above.
c. The requirement for posting the notice described in this section is cumulative and in addition to all other remedies, violations and penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of the city of Cerritos, county of Los Angeles and the state of California. (Ord. 953 § 11, 2010; Ord. 803 § 1 (part), 1999)
5.22.060 Changes of business.
A. Unless exempt under Section 5.22.090 or 5.22.095, every massage establishment operator shall report immediately to the city and sheriff’s department any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than ten percent of the stock of the corporation, officers, directors and partners and any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the city and sheriff’s department, provided there is compliance with all applicable regulations of the city.
B. Unless exempt under Section 5.22.090 or 5.22.095, no massage establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the city and sheriff’s department, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred or assigned. No massage technician permit may be sold, transferred or assigned by a permittee, or by any operation of law, to any other person or persons. (Ord. 953 § 12, 2010: Ord. 803 § 1 (part), 1999)
5.22.065 Massage services in athletic clubs.
A. Massage services may be offered as an accessory use in a bona fide athletic club or similar establishment without obtaining a separate massage establishment license. Such accessory massage services shall comply with the following standards:
1. The massage service shall be incidental to the operation of the athletic club and shall not occupy more than one thousand square feet.
2. The athletic club shall have a valid, current conditional use permit or similar required zoning approval which identifies the provision of massage services as a part of the business.
3. All massage technicians shall hold valid current technician’s licenses as required under the provisions of this chapter.
B. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 17, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.075)
5.22.070 Massage services in hotels.
A. Massage services may be offered as an accessory use in hotels with one hundred or more rooms without obtaining a separate massage establishment license. Such accessory massage services shall comply with the following standards:
1. The massage service shall be incidental and accessory to the hotel business and shall not occupy more than one thousand square feet.
2. All massage technicians shall hold valid current technician’s licenses as required under the provisions of this chapter.
B. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 18, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.080)
5.22.075 Transfer and duration of permits.
A. No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage technician permit will be allowed upon prior written notice to the sheriff’s department and payment of the appropriate transfer fee and assuming all applicable city laws are followed.
B. Permits for massage operators, managers and technicians shall be renewed on a year-to-year basis; provided, that the permittees continue to meet the requirements set out in this chapter.
C. Applications for the next ensuing permit shall be filed with the city before the expiration of the existing permit. Temporary permits will not be issued and renewable applications must be filed no later than sixty days prior to the expiration of the permit to prevent a lapse of the permit.
D. Renewal applications shall require such information as required by this code and as may be required by the sheriff’s department to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee established by resolution of the city council.
E. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 19, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.085)
5.22.080 Application to existing businesses and technicians.
Any massage establishment or massage technician lawfully operating on the effective date of the ordinance codified in this chapter, that does not comply with the requirements of this chapter, shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of two years, with a possible one-year extension, for a total time period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. An application for a one year extension for extenuating circumstances may be granted by the planning commission upon a convincing showing of extreme financial or practical hardship by the applicant. Such nonconforming uses shall not be increased, enlarged, extended or altered without conforming with the requirements of this chapter. (Ord. 953 § 20, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.090)
5.22.085 Suspension, revocation, denial and appeal.
A. Violation and Noncompliance. The city may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the city council in the time and manner set forth in this section.
B. Revocation and Suspension of Operator’s Permit.
1. The city may revoke or refuse to renew an operator’s permit if it makes any of the findings for denial of a permit under Section 5.22.025(A), (B)(1) or (7) or upon any subsequent violation of any provision within one year following prior suspension under subsection (B)(2) of this section, or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers;
2. The city may suspend any operator’s permit for a period of thirty days for each violation of Section 5.22.025(B) not listed above, Section 5.22.050(B) or 5.22.055.
C. Revocation and Suspension of Massage Technician Permit.
1. The city may revoke or refuse to renew a massage technician permit if it makes any of the findings for denial of a permit under Section 5.22.045(A), (B)(1), (2) or (6) or upon any subsequent violation of any provision of this chapter within one year following a suspension under subsection (C)(2) of this section;
2. The city may suspend a massage technician permit for a period of thirty days for each violation of Section 5.22.045(B) not listed above, Section 5.22.050(B) or 5.22.055.
D. Notice. When the sheriff’s department concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist and no permit is issued, the city shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the city council, and the decision will be final if no appeal is filed within the time permitted.
E. Appeal.
1. The right to appeal to the city council shall terminate upon the expiration of fifteen business days from receipt of the notice via certified mail. The notice of appeal is to be sent to the sheriff’s department and the city clerk.
2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the city council. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.
3. The city council of the city may preside over the hearing on appeal or, in the alternative, the city manager may appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the city council findings and recommendations to be considered by the city council. The city council shall render its decision within forty-five days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five days from the date on which the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing. If the denial is based upon failing the test, the applicant shall be entitled to review his/her test at the sheriff’s department but shall not be entitled to a copy of the test.
4. Notice of the date, time and place of the hearing shall be mailed at least ten days prior to the date of the hearing, by U.S. mail, addressed to the address listed on the massage application, massage technician application, or, the address given in the notice of appeal, as the case may be.
5. The following rules and evidence shall apply:
a. Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
b. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness.
c. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.
6. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, managers and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.
F. This section shall not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 21, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.095)
5.22.090 General exemptions from chapter.
The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
A. Physicians, chiropractors, osteopaths, physical therapists or acupuncturists who are duly licensed to practice their respective professions in the state of California, and city licensed employees of such licensed professionals while working in the office of, and under the supervision of, such licensed professional.
B. Nurses registered under the laws of the state of California.
C. Barbers and cosmetologists who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face scalp, hands or feet of the customer or client.
D. Athletic coaches and trainers acting within the scope of their employment while employed by accredited high schools, junior colleges, colleges or universities.
E. Individuals administering massages or health treatment involving massage to persons participating in road races, track meets, triathalons and similar single occurrence athletic or recreational events; provided, that all of the following conditions are met:
1. The massage services are made equally available to all participants in the event;
2. The event is open to participation by the general public or a significant segment of the public, such as employees of sponsoring or participating corporations;
3. The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;
4. The sponsors of the event have been advised of and have approved the provision of massage services;
5. The persons providing the massage services are not the primary sponsors of the event. (Ord. 953 § 16, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.070)
5.22.095 Exemption for MTO certificate holder(s)—Applicable regulations.
A. Except as set forth in this section, the provisions of this chapter shall not apply to the following classes of individuals, businesses, or establishments while engaged in the performance of the duties of their respective professions:
1. Persons who hold a valid MTO certificate and who are practicing consistent with the qualifications established by such certificate; and
2. Massage businesses or establishments as defined under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, as amended, except that such businesses or establishments shall not be exempt from this chapter to the extent Section 4612 expressly permits the regulation of such businesses or establishments by local ordinance.
B. Notwithstanding the exemption provided for in subsection (A) of this section, those persons, businesses, or establishments exempt under subsection (A) of this section shall comply with the following:
1. Obtain a business license from the city of Cerritos and remain in good standing in accordance with Chapter 5.04 of this municipal code.
2. If bathroom facilities are provided for patrons in a massage establishment, the massage establishment shall provide soap or detergent and hot running water at all times. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap can be used. A trash receptacle shall be provided in each toilet room.
3. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable.
4. All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent material and provide complete covering from midthigh to three inches below the collarbone.
5. Each operator and/or on-duty manager of a massage establishment shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.
6. The operator and/or on-duty manager of a massage establishment consents to the inspection of the massage establishment by the city’s building and safety, county fire, sheriff and health departments for the purpose of determining whether applicable laws or regulations are met.
7. Towels and linens shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked “clean linen” and “soiled linen” and shall have doors or covers. (Ord. 953 § 22, 2010)
5.22.100 Fees.
The city council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. The city shall include in this resolution a health service fee schedule prescribing annual fees to be paid by the operator of each massage establishment, such fees to be paid directly to the Los Angeles County department of health services and retained by the county as reimbursement for said services related to this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this code. (Ord. 953 § 15, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.065)
5.22.200 Violation and penalty.
A. Violations of this chapter may be enforced pursuant to the provisions of Chapter 1.08 of this code.
B. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (Ord. 953 § 13, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.100)
5.22.300 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional. (Ord. 953 § 14, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.105)