5771ORDINANCE NO. 5771
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
CHAPTER 4.29 OF, AND ADDING NEW CHAPTER 4.29
TO, TITLE 4 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO MASSAGE ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
'T'hat Chapter 4.29 of Title 4 of the Anaheim Municipal Code
be, and the same is hereby, repealed in its entirety.
SECTION 2.
That new Chapter 4.29 be, and the same is hereby, added to
Title 4 of the Anaheim Municipal Code to read as follows:
"CHAPTER 4.29
MASSAGE ESTABLISHMENTS
"4.29.010 FINDINGS AND PURPOSE.
The City Council finds and declares as follows:
.010 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 of Anaheim.
.020 The City of Anaheim is authorized, by virtue of the
State Constitution, the provisions of the City Charter and
Section 51031 of the Government Code, to regulate massage
establishments by imposing reasonable standards relative to
the skill and experience of massage operators and massage
technicians and reasonable conditions on the operation of the
massage establishment.
.030 There is significant risk of injury to massage clients
by improperly trained and/or undereducated massage technicians
and this Chapter provides reasonable safeguards against injury
and economic loss.
.040 There is opportunity for acts of prostitution and other
unlawful sexual activity to occur in massage establishments.
The establishment of reasonable standards for issuance of
permits and restrictions on operations will serve to reduce
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The establishment of reasonable standards for issuance of
permits and restrictions on operations will serve to reduce
the risk of illegal activity.
4.29.020 DEFINITIONS.
Unless the particular provision or the context otherwise
requires, the definitions and provisions contained in this
Section govern the construction, meaning, and application of
words and phrases used in this Chapter.
.010 "Chair massage" means a massage as defined in
subsection .100 below where the patron is fully clothed and in
a public or semi-public area while receiving the massage, and
where the external parts of the body which are massaged are
limited to the head, neck, back and/or arms.
.020 "Chief of Police" means the Chief of Police of the
City of Anaheim, or his/her designated representative.
.030 "City Manager" means the City Manager of the City of
Anaheim, or his/her designated representative.
.040 "City Council" means the City Council of the City of
Anaheim.
.050 "Conviction" or "Convicted" means a plea or verdict of
guilty or a conviction following a plea of nolo contendere.
.060 "Customer Area" means any area open to customers of the
establishment.
.070 "Health Department" means the Health Care Agency of the
County of Orange.
.080 "License Collector" means the License Collector of the
City of Anaheim, or his/her designated representative.
.090 "Responsible Employee" means the person(s) designated
by the Operator of the Massage Establishment to act as the
representative or agent of the Operator in conducting day-to-
day operations. A Responsible Employee may also be an owner.
.100 "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 or
friction against, or stroking, kneading, tapping, pounding,
vibrating, rubbing or other manner of touching external parts
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of the body with the hands, with or without the aid of any
mechanical or electrical apparatus or appliance or with or
without supplementary aids such as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, ointment or other similar
preparations commonly used in this practice.
.110 "Massage Establishment" means any business conducted
within the City of Anaheim 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,
administration to another person of a massage, bath or health
treatment involving massages or baths.
.120 "Massage Technician" means any person, including a
Responsible Employee, Operator or Owner of a Massage
Establishment, who administers to another person a massage in
exchange for anything of value whatsoever. The terms "massage
therapist" and "massage practitioner" are included within this
definition for purposes of this Chapter.
.130 "Operator" means the person signing the operator's
permit application as required pursuant to Section
4.29.040.010 of this chapter and whose name appears on the
Operator's Permit as the person responsible for the day to day
operations of the Massage Establishment.
.140 "Owner" means any person or entity having an ownership
interest in the Massage Establishment.
.150 "Permit" means and includes the permit required
pursuant to the provisions of this Chapter to operate or
manage a massage establishment to perform the activities of a
massage technician and/or to perform off -premises massages.
.160 "Person" means any natural person, corporation,
partnership, firm, association or other group or combination
of individuals acting as an entity.
.170 "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.
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Schools offering a correspondence course not requiring actual
attendance shall not be deemed a recognized school of massage.
.180 "Police Department" means the Police Department of the
City of Anaheim.
.190 For purposes of this Chapter the term "employee" shall
include independent contractors and unpaid volunteers. The
term "employ" shall include, without limitation, using or
allowing services to be provided by an independent contractor
or unpaid volunteer.
4.29.030 OPERATOR'S PERMIT REQUIRED.
No person shall operate a massage establishment within the
City of Anaheim without first obtaining an operator's permit
pursuant to Sections 4.29.040 and 4.29.050 of this Chapter.
The operator's permit required by this Chapter shall be in
addition to any business license required by this Code.
4.29.040 APPLICATION FOR OPERATOR'S PERMIT.
.010 Any person desiring an operator's permit for a massage
establishment shall file a written application on the required
form with the License Collector who shall refer all such
applications to the Chief of Police 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
owner of the proposed massage establishment, if a sole
proprietorship; one general partner, if the owner is a
partnership; one officer or one director, if the owner is a
corporation; and one participant, if the owner is a joint
venture. The application for permit does not authorize
operation of a massage establishment unless and until such
operator's permit has been approved as provided in Section
4.29.050 of this Chapter. The application shall be deemed
complete if it contains or is accompanied by the following
information:
.0101. A description of 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
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than five percent (5%) of the stock of that corporation,
such stockholders to be listed in descending order based
upon their percentage ownership interest in the corporation.
If the applicant is a partnership, the application shall set
forth the name and residence address of each of the
partners, including limited partners. If the applicant is a
limited partnership, it shall attach a copy of its
certificate of limited partnership filed with the Secretary
of State to the application. 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 person shall complete and
sign all application forms required for an individual
applicant under this Chapter, but only one application fee
shall be charged. Such responsible managing officer must at
all times meet all of the requirements set forth in this
section, or the operator's permit shall be suspended until a
responsible managing officer who meets all such requirements
is designated. If no such person is named within ninety
(90) days, the operator's permit shall be deemed canceled
and a new application for an operator's permit, accompanied
with the appropriate filing fee, must be filed. The
managing officer may be different from the Responsible
Employee of the massage establishment described in paragraph
.0105 of this subsection.
.0102 A detailed description of all services to be
provided at the massage establishment. If the list of
services required to be posted pursuant to Section
4.29.110.010.0102 of this Chapter will be in any language
other than English, such list must accompany the application
for the operator's permit. Any changes to such list after
the issuance of the operator's permit must be submitted to
the License Collector within ten (10) days after such
changes are made.
.0103 The precise name under which the massage
establishment business is to be conducted.
.0104 The complete address and all telephone numbers of
the massage establishment.
.0105 A complete current list of the names and residence
addresses of all proposed massage technicians and other
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employees in the massage establishment with a description of
the job duties or function of each, and the name and
residence addresses of the Responsible Employee to be
principally in charge of the operation of the massage
establishment.
.0106 A description of any other business operated on
the same premises, or within the City of Anaheim or the
State of California, which is owned or operated by the
applicant.
.0107 The following personal information concerning the
applicant:
.O1 Full complete name and all aliases used by the
applicant.
.02 Current business and residence address and all
previous business and residential addresses for 5 years
immediately preceding the present address of the
applicant, and the inclusive dates for each such address.
.03 Acceptable proof that the applicant is at least
eighteen (18 ) years of age.
.04 Height, weight, color of hair and eyes, and
gender.
.05 Three (3) front faced portrait photographs at
least two inches ( 2 " ) by two inches ( 2 " ) in size.
.06 The applicant's complete business, occupation and
employment history for five ( 5 ) years preceding the date
of application, including, but not limited to, the
massage or similar business history and experience of the
applicant.
.07 The complete permit history of the applicant
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ncluding, but not limited to massage or similar
business; 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 whether a vocational or
professional license or permit was denied, revoked or
suspended, and the reason(s) therefor.
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.08 All criminal convictions, including pleas of nolo
contendere, within the last ten ( 10 ) years, 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
and sentence therefor.
.09 A complete set of fingerprints taken by the Police
Department.
.0108 Proof that the operator and the operator's
designated Responsible Employees) have valid and current
CPR and Basic First Aid certification from either the
American Heart Association or the American Red Cross.
.0109 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/its property.
.0110 A site plan depicting the building and/or unit
proposed for the massage establishment and a dimensional
interior floor plan depicting how the massage establishment
will comply with all applicable requirements of this
Chapter.
.0111 The name and address of any massage establishment
.. or other business wherein massages are administered which is
owned or operated by any person whose name is required to be
given pursuant to subsection 4.29.040.010.0101 of this
Chapter.
.0112 The names, current business and residence
addresses, telephone numbers and written statements of at
least three ( 3 ) bonaf ide permanent residents of the United
States that the applicant is of good moral character. If
the applicant is able, the statement must first be furnished
from residents of the City of Anaheim, then the County of
Orange, then the State of California, and lastly from the
rest of the United States. These references must be persons
other than relatives and business associates.
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.08 All criminal convictions, including pleas of nolo
contendere, within the last ten (10) years, 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
and sentence therefor.
.09 A complete set of fingerprints taken by the Police
Department.
.0108 Proof that the operator and the operator's
designated Responsible Employees) have valid and current
CPR and Basic First Aid certification from either the
American Heart Association or the American Red Cross.
.0109 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/its property.
.0110 A site plan depicting the building and/or unit
proposed for the massage establishment and a dimensional
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nterior floor plan depicting how the massage establishment
will comply with all applicable requirements of this
Chapter.
.0111 The name and address of any massage establishment
b* or other business wherein massages are administered which is
owned or operated by any person whose name is required to be
given pursuant to subsection 4.29.040.010.0101 of this
Chapter.
.0112 The names, current business and residence
addresses, telephone numbers and written statements of at
least three ( 3 ) bonaf ide permanent residents of the United
States that the applicant is of good moral character. If
the applicant is able, the statement must first be furnished
from residents of the City of Anaheim, then the County of
Orange, then the State of California, and lastly from the
rest of the United States. These references must be persons
other than relatives and business associates.
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.0113 Authorization for the City, its agents and
employees to seek verification of the information contained
in the application.
.0114 Such other identification and information as the
Chief of Police may require in order to discover the truth
of the matters herein specified and as required to be set
forth in the application.
.0115 A statement in writing and dated by the applicant
that he/she/it certifies under penalty of perjury that all
information contained in the application is true and
correct.
.0116 I f , during the term of a permit, any of the
information submitted on the original or renewal application
changes, the operator shall notify the License Collector of
such change within ten ( 10 ) business days thereafter, in
writing.
.020 Each operator and the operator's designated Responsible
Employee(s) must pass a written examination dealing with the
requirements of this Chapter to ensure a complete
understanding of the operator's and Responsible Employee's
duties prior to the issuance of the operator's permit. A
score of 70% or better is required on each section of the
written examination. An applicant who fails to pass the
examination shall not be eligible to take another examination
until sixty (60) days after the previous examination. An
applicant who fails to pass upon a second attempt, shall not
again be eligible until six (6) months thereafter. An
additional processing fee shall be required to be filed with
the Chief of Police prior to each re-examination in accordance
with the fee resolution. The examination will be administered
in the English language. In the event the applicant requires
that the ordinance examination be given in another language,
the applicant must, on his/her own, make arrangements with a
court certified, and Anaheim Police Department approved,
interpreter to interpret the examination. Proof of valid
court certification must be provided to the Chief of Police or
his or her designee no less than five (5) days prior to the
administration of the examination.
4.29.050 OPERATOR'S PERMIT ISSUANCE AND DENIAL;
CONDITIONS OF APPROVAL.
.010 Upon receipt of a written application for a permit, the
Chief of Police shall conduct an investigation to ascertain
whether such permit should be issued as requested. The Chief
of Police shall, within sixty ( 60 ) days of receipt of an
application, approve, conditionally approve, or deny the
application. The sixty (60) day period may be extended for up
to thirty (30) additional days, if necessary, to complete the
investigation. The Chief of Police shall direct the License
Collector to issue such permit as requested, unless the Chief
of Police makes any of the following findings:
.0101 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 proposed to be or employed in the
massage establishment, has, within ten (10) years preceding
the date of the application either:
.01 been convicted of a violation of California Penal
Code Sections 266h, 2661, 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;
.02 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 or 11058;
.03 been convicted of any offense in any other state
which is the equivalent of any of the above-mentioned
offenses;
.04 engaged in conduct in another jurisdiction
which, if it had occurred within the City, would
constitute grounds for denial, suspension or revocation
of an operator's permit under this Chapter;
.05 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;
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.06 engaged in conduct which would constitute an
offense as described in paragraph .01 of this subsection;
.07 committed an act in another jurisdiction which, if
committed in this state, would have been a violation of
law and, which, if done by a permittee under this
Chapter, would be grounds for denial, suspension or
revocation of the permit;
.08 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; or
.09 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.
.0102 The applicant has made a false, misleading or
fraudulent statement or omission of fact to the City in the
permit application process.
.0103 The application does not contain all of the
information required by Section 4.29.040.
.0104. 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.
.0105 The applicant has not satisfied the requirements
of this Chapter in the time specified.
.0106 If the application is denied due to a false,
misleading or fraudulent statement in the application, the
applicant may not reapply for a period of six (6) months
from the date the application was denied.
.020 Each operator and Responsible Employee of any Massage
Establishment shall comply with the following requirements:
.0201 Except to the extent required, in writing, by a
state licensed medical practitioner, no massage technician,
or employee shall massage the genitals, gluteal fold, or
anal area of any patron or the breasts of any female patron,
nor shall any operator or Responsible Employee of a massage
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establishment allow or permit such massage. No massage
operator or designated Responsible 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 .
.0202 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.
.0203 All massage establishments required to be licensed
under this Chapter shall have a Responsible Employee on the
premises at all times the massage establishment is open.
The operator of each massage establishment shall file a
statement with the License Collector designating the person
or persons with power to act as a Responsible Employee. The
operator and/or on duty Responsible Employee shall post, on
a daily basis, the name of each on duty Responsible Employee
and each on duty technician in a conspicuous public place in
the lobby of the massage establishment. The operator, or
the Responsible Employee in the operator's absence, shall be
responsible for ensuring compliance with this Chapter.
.0204 No establishment shall be open for business
without having a valid operator's permit and at least one
massage technician holding a current valid permit for the
specific establishment on the premises, and on duty, at all
times when said establishment is open.
.0205 The operator and/or designated Responsible
Employees) shall ensure the massage establishment permit
and 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 his or her person the photo identification card required
by Section 4.29.080.020.0203 at all times when in the
massage establishment. Such identification shall be
provided to City regulatory officials upon demand.
.0206 An operator and/or on duty Responsible Employee
shall be responsible for the conduct of all employees while
they are on the licensed premises. All person(s) found
working in the massage establishment shall be considered
employees of the operator, including independent contractors
and unpaid volunteers. Any act or omission of any employee
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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 permit shall
be revoked, suspended, denied or renewed.
.0207 No operator or Responsible Employee 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 Responsible Employee shall report to the
License Collector any change of employees, whether by new or
renewed employment, discharge or termination, on the form
and in the manner required by the License Collector. The
report shall contain the name of the employee and the date
of hire or termination. The report shall be made within
five ( 5 ) 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 License Collector within five (5) days.
.0208 All persons employed in the massage establishment
shall be fully clothed at all times. Clothing shall be of a
fully opaque, non -transparent material and shall provide
complete covering from mid-thigh to three (3) inches below
the collar bone.
.0209 The operator and/or on duty Responsible Employee
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, telephone numbers, social security number,
date of employment and termination, if any, and duties of
each employee. The above information on each employee shall
be maintained in the register on the premises for a period
of two (2) years following termination. The operator and/or
Responsible Employee on duty shall make the register of
employees available as soon as reasonably possible for
inspection by the City's Police Department and Code
Enforcement Division upon demand of a representative of the
police department at all reasonable times.
.0210 Each operator shall provide the License Collector
with evidence of the insurance required by Section
4.29.110.020.0212 prior to the date of issuance of the
permit.
.0211 The operator shall comply with all provisions of
this Chapter and any applicable provisions of the Anaheim
Municipal Code.
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4.29.060 MASSAGE TECHNICIAN PERMIT.
No person shall perform or administer a massage, or
advertise to provide massage services in the City of Anaheim,
unless such person has in effect a valid massage technician
permit issued pursuant to Sections 4.29.060 and 4.29.070 of
this Chapter. A massage technician shall comply with the
requirements of Sections 4.29.070 and 4.29.080. The
possession of a valid massage operator's permit does not
authorize the permit holder to perform work for which a
massage technician permit is required.
4.29.070 APPLICATION FOR MASSAGE TECHNICIAN PERMIT.
.010 Any person desiring a massage technician permit shall
file a written application on the required form with the
License Collector who shall refer all such applications to the
Chief of Police 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 deemed complete if it contains or is
accompanied by the following information:
.0101 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 following personal information
concerning the applicant:
.01 Full complete name, and all aliases used by the
applicant, along with complete residence address and
telephone;
. 02 All previous residential addresses for five (5)
years immediately preceding the current address of the
applicant;
.03 Acceptable written proof that the applicant is at
least eighteen (18) years of age;
.04 Height, weight, color of hair and eyes, and
gender;
"05 Three ( 3 ) front faced portrait photographs at
least two inches ( 2 " ) by two inches ( 2 " ) in size;
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a 0 The business, occupation and employment history of
the applicant for the five ( 5 ) years immediately
preceding the date of the application;
.07 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.
.0102 All criminal convictions, including pleas of nolo
contendere, within the last ten (10 ) years, including those
dismissed or expunged pursuant to Penal Code Section 1203.4,
but excluding minor traffic infractions, and the date and
place of each such conviction and reason and sentence
therefor.
.0103 The names, current business and residence
addresses and written statements of a least three (3)
bonafide permanent residents of the United States that the
applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents
of the City of Anaheim, then the County of Orange, then the
State of California, and lastly from the rest of the United
States. These references must be persons other than
relatives and business associates.
.0104 A complete set of fingerprints taken by the Police
Department.
.0105 Proof that the applicant has a valid and current
CPR and Basic First Aid certification from either the
American Heart Association or the American Red Cross.
.0106 Such other information and identification as the
Chief of Police may require in order to discover the truth
of the matters herein specified and as required to be set
forth in the application.
.0107 Authorization for the City, its agents and
employees to seek verification of the information contained
in the application.
.0108 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.
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.0109 If, during the term of a permit, any of the
information submitted on the original or renewal application
changes, the permit holder shall notify the License
Collector of such change within ten (10) business days
thereafter, in writing.
.020 Each applicant must furnish an original or certified
copy of a diploma or certificate and certified transcript of
graduation for completion of 500 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.
.0201 The Chief of Police 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/or 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.
.0202 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 500 hours of on -premises training.
¢ .030 Each massage technician must pass a written examination
dealing with the requirements of this Chapter to ensure a
complete understanding of the massage technician's duties
prior to the issuance of the massage technician's permit. A
score of 700 or better is required on each Section of the
written examination. An applicant who fails to pass the
examination shall not be eligible to take another examination
until sixty (60) days after the previous examination. An
applicant who fails to pass upon a second attempt, shall not
again be eligible until six (6) months thereafter. An
additional processing fee shall be required to be filed with
the Chief of Police prior to each re-examination in accordance
with the fee resolution. The examination will be administered
in the English language. In the event the applicant requires
that the examination be given in another language, the
applicant must, on his or her own, make arrangements with a
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. 010 9 I f , during the term of a permit, any of the
information submitted on the original or renewal application
changes, the permit holder shall notify the License
Collector of such change within ten (10) business days
thereafter, in writing.
.020 Each applicant must furnish an original or certified
copy of a diploma or certificate and certified transcript of
graduation for completion of 500 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.
.0201 The Chief of Police 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/or 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.
.0202 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 500 hours of on -premises training.
.030 Each massage technician must pass a written examination
dealing with the requirements of this Chapter to ensure a
complete understanding of the massage technician's duties
prior to the issuance of the massage technician's permit. A
score of 70% or better is required on each Section of the
written examination. An applicant who fails to pass the
examination shall not be eligible to take another examination
until sixty (60) days after the previous examination. An
applicant who fails to pass upon a second attempt, shall not
again be eligible until six (6) months thereafter. An
additional processing fee shall be required to be filed with
the Chief of Police prior to each re-examination in accordance
with the fee resolution. The examination will be administered
in the English language. In the event the applicant requires
that the examination be given in another language, the
applicant must, on his or her own, make arrangements with a
15
court certified and Anaheim Police Department approved
interpreter to interpret the ordinance examination. Proof of
court certification must be provided to the Chief of Police no
less than five (5) days prior to the administration of the
examination.
.040 In addition to the examination required pursuant to the
preceding subsection .030, the applicant must take and pass a
written and practical examination prior to the issuance of the
massage technician permit. A score of seventy percent (70a)
or better is required in each Section of the written test.
The examination shall meet the following requirements:
.0401 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, contra-
indications, sanitation, massage theory, and ethics of
massage practice.
.0402 The examination shall be prepared, conducted and
graded by the City, or in its sole discretion, by a
competent instructor certified by the Council for Private
Post -secondary and Vocational Education pursuant to
Education Code Section 94311.1.
.0403 The Chief of Police 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.
.0404 The examination shall be administered in the
English language. In the event that the applicant requires
that the examination be given in another language, the
applicant must, on his or her own, make arrangements with a
court certified and Anaheim Police Department approved
interpreter to interpret the examination. Proof of valid
court certification must be provided to the Chief of Police
or his or her designee no less than five (5) days prior to
the administration of the examination.
.0405 An applicant who fails to pass the examination
shall not be eligible to take another examination until
sixty (60) days after the previous examination. An
applicant who fails to pass upon a second attempt, shall not
be again eligible until six (6) months thereafter. An
additional processing fee shall be required to be filed with
16
the Chief of Police prior to each re-examination in
accordance with the fee resolution.
4.29.080 MASSAGE TECHNICIAN PERMIT ISSUANCE AND DENIAL;
CONDITIONS OF APPROVAL.
.010 Upon receipt of a written application for a permit, the
Chief of Police shall conduct an investigation in such matters
as he or she deems appropriate in order to ascertain whether
such permit should be issued as requested. The Chief of
Police shall approve or deny the application within sixty (60)
days of the filing of an application. The sixty ( 60 ) day
period may be continued for an additional thirty (30) days if
necessitated by the occurrence of events beyond the control of
the Chief of Police. The Chief of Police shall direct the
License Collector to issue such permit as requested, unless
he/she makes any of the following findings:
.0101 The applicant has within ten (10) years preceding
the date of the application been convicted of any of the
following:
-01 a violation of Penal Code Sections 266 (h) , 266 (i)
314,F 315, 316,f 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.
.02 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
.03 any offense in any other state which is the
equivalent of any of the above-mentioned offenses.
.0102 The applicant has engaged in conduct which would
constitute an offense as described in the preceding
subsection .0101.01 above, within ten (10) years immediately
prior to the filing of any application.
17
.0103 The applicant has committed an act, which, if
committed in this State would have been a violation of law
and which, if done by a permittee under this Chapter, would
be grounds for denial, suspension or revocation of the
permit.
.0104 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.
.0105 The applicant has had a massage operator's 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 within ten (10)
years prior to the date of the application.
.0106 The applicant has knowingly made a false,
misleading or fraudulent statement or omission of fact to
the City in the permit application process.
.0107 The application does not contain the information
required by Section 4.29.070.
.0108 The applicant has not satisfied the requirements
of this Chapter in the time specified.
.0109 If the application is denied due to a false,
misleading or fraudulent statement in the application, the
applicant may not reapply for a period of six ( 6 ) months
from the date the application was denied.
.020 All massage technicians shall comply with the following
conditions:
.0201 Except to the extent required, in writing, by a
state licensed medical practitioner, no massage technician,
massage technician aide, or employee shall massage 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.
We"
00202 No massage technician shall massage 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.
.0203 The massage technician shall wear or have on
his/her 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 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, pay the
appropriate fee and obtain from the License Collector a new
photo identification card.
.0204 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 an off -premises permit issued under this Chapter.
.0205 While on duty, the massage technician shall not
use any name other than that specified on the photo
identification card.
.0206 Massage attendants shall be fully clothed at all
times. Clothing shall be of a fully opaque, non -transparent
material and provide complete covering from mid-thigh to
three (3) inches below the collar bone.
.0207 The massage technician consents to the inspection
of the massage establishment by the City's Code Enforcement
Division, Building and Safety Division, Fire Department and
Police Department and the Health Department 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 Police Department for the purpose of
determining that the provisions of this Chapter are met upon
occurrence of any of the conditions described in Section
4.29.110.020.0217 which would require the posting of the
Notice to All Patrons.
4.29.090 TEMPORARY PERMITS.
.010 Upon request of an applicant for an operator's permit
or a massage technician permit and submission of the appropriate
19
filing fee established by resolution of the City Council, the
Chief of Police may authorize the License Collector to issue a
temporary permit provided all of the following conditions are
met •
.0101 The applicant has submitted a completed
application for the permit as required under Sections
4.29.040 or 4.29.070 of this Chapter;
.0102 The applicant meets all the applicable
education/training requirements for issuance of a permit
under this Chapter;
.0103 The applicant has passed all written examinations
required for issuance of the permit under this Chapter;
.0104 The Chief of Police has conducted an investigation
as authorized under this Chapter, and is waiting for results
of the fingerprint identification and criminal history
report from the California Department of Justice; and
.0105 Without considering any information which may be
received in the fingerprint identification and criminal
history report from the Department of Justice, the Chief of
Police has not made any of the findings set forth in
Sections 4.29.050.010 or 4.29.080.010 which would
constitute grounds for denial of the permit.
.020 Unless revoked earlier pursuant to subsection .030
below, the temporary permit shall be valid for forty-five ( 4 5 )
days or until such time as the Chief of Police renders a
decision on the application for the operator's or massage
technician permit, whichever is sooner.
.030 The temporary permit may be revoked at anytime without
notice if the Chief of Police makes any of the following
findings:
.0301 The fingerprint identification and criminal
history report submitted by the Department of Justice
contains information upon which the Chief of Police can make
any of the findings set forth in Sections 4.29.050.010 or
4.29.080.010 which would constitute grounds for denial of
the permit; or
.0302 The applicant has violated any of the provisions
of this Chapter.
we
.040 Upon a determination by the Chief of Police that
grounds exist for revocation of the temporary permit, the
Chief of Police shall direct the License Collector to serve
the applicant, by certified mail, return receipt requested,
addressed to the business and residence address of the
applicant, with a Notice of Revocation. The Notice shall
state the reasons for the revocation and the effective date of
the revocation, which date shall be the date of receipt by the
applicant of the Notice of Revocation.
.050 Upon revocation of the temporary permit, the applicant
shall immediately cease and desist engaging in activities
previously permitted under the temporary permit.
4.29.100 OFF -PREMISES MASSAGE PERMIT.
.010 For purposes of this Chapter, a massage performed or
administered for money or other consideration at a location
other than a massage establishment licensed in accordance with
this Chapter (hereinafter an "off -premises massage") shall
require an off -premises massage permit issued pursuant to this
Section. No off -premises massage permit shall be issued
unless the location where the massage will be administered or
performed is a business establishment licensed to do business
in the City of Anaheim.
.020 No person shall perform or administer an off -premises
massage as defined herein within the City of Anaheim without
obtaining and possessing a massage technician permit under
Sections 4.29.060 and 4.29.070 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 License Collector who shall refer
such application to the Chief of Police, who shall conduct an
investigation. The applicant shall accompany the application
with the appropriate filing fee established by resolution of
the City Council. The application shall contain or be
accompanied by the following information:
.0201 The complete name, including all aliases,
residence and business address and telephone number of the
applicant.
.0202 The complete address at which the off -premises
massage is to be conducted.
.0203 A copy of the written agreement between the
business establishment and the applicant for the applicant
21
to administer massages, which agreement shall include the
duration of the agreement and the consideration to be paid
under the agreement.
.0204 Such other information deemed necessary by the
Chief of Police.
.030 Upon receipt of a written application for an off -
premises massage permit, the Chief of Police shall initiate an
investigation to ascertain whether such permit should be
issued as requested. Within ten (10 ) days of the f fling of an
application, the Chief of Police shall approve, conditionally
approve or deny the application. The Chief of Police shall
direct the License Collector to issue the permit for a period
of time not to exceed the duration of the agreement between
the applicant and the business establishment where the
massages will be administered, unless the Chief of Police
finds that the requirements of this section have not been met.
The Chief of Police 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.
4.29.110 REQUIREMENTS OF OPERATION.
.010 Facilities.
.0101 Signs. All exterior signs identifying the
premises as a massage establishment shall comply with the
sign requirements of the City of Anaheim. Each operator
and/or on duty Responsible Employee 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 in the front window and clearly visible from the
outside. The operator and/or on duty Responsible Employee
must also post, on a daily basis in a conspicuous public
place in the lobby, the name of the operator and/or on duty
Responsible Employee as well as all on -duty massage
technicians.
.0102 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.
.0103 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 (1)
22
forty (40) watt white light bulb 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.
.0104 Bath Facilities. A minimum of one (1) toilet and
one (1) separate wash basin shall be provided for patrons in
each massage establishment, which basin shall provide soap
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 shall be used. A trash receptacle shall be
provided in each toilet room. Showers shall be provided,
and no bathtubs shall be allowed.
.0105 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.
.0106 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.
.0107 Massage Table or Chair. A massage table or chair
shall be provided in each massage room and the massage shall
be performed on this massage table or chair. The tables
should have a minimum height of eighteen inches (18"). Two
inch ( 2 " ) thick f oam pads with a minimum width of two f eet
(2 ' ) and a maximum width of f our f eet ( 4 ' ) may 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.
.020 Operations.
.0201 Equipment. Each operator and/or on duty
Responsible Employee shall provide and maintain on the
premises adequate equipment for disinfecting and sterilizing
instruments used in massage.
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0 020 Inspections. The operator and/or on duty
Responsible Employee consents to the inspection of the
massage establishment by the City's Building and Safety
Division, Code Enforcement Division, Fire Department and
Police Department and the County Health Department for the
purpose of determining that the provisions of this Chapter
or other applicable laws or regulations are met.
.01 The City's Building and Safety Division, Code
Enforcement Division, Fire Department and Police
Department and the County Health Department 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. Routine inspections shall
not occur more than twice a year, unless violations are
found or complaints are received. Criminal
investigations may be conducted as directed by the Chief
of Police. The Police 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 Section
4.29.110.020.0217 which would require the posting of the
Notice To All Patrons. During an inspection, the Police
Department may verify the identity of all on -duty
employees.
.02 Inspections of the massage establishment shall be
conducted during business hours.
.03 A person who operates a massage establishment or
his or her agent, servant or employee commits a violation
of this Chapter if he or she refuses to permit a lawful
inspection of the premises by a representative of the
Police Department at anytime it is occupied or open for
business.
.0203 Linen. Common use of towels or linen shall not be
permitted. Towels and linen 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.
.0204 Residing in Establishment Prohibited. No person
or persons shall be allowed to live, reside or dwell inside
the massage establishment at any time. No food of any kind
shall be prepared for sale or sold in the establishment
unless an appropriate food vending permit is granted by the
County of Orange.
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a4 ■
.0205 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
Responsible Employee 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.
.0206 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 and consent of the patron.
.0207 Roster. The owner, operator or on -duty Responsible
Employee of the massage establishment shall keep a complete
and current list of the names and residence addresses of all
massage technicians and employees of the massage
establishment and the name and residence addresses of the
Responsible Employee purported to be principally in charge
of the operation of the massage establishment. This roster
shall be kept on the massage establishment premises and be
available for inspection by officials charged with
enforcement of this Chapter.
.0208 Coverings. Each massage establishment shall
provide to all patrons clean, sanitary and opaque coverings
capable of covering the patrons' genitals, gluteal fold,
anus and female breast (s) . No common use of such coverings
shall be permitted and re -use is prohibited unless laundered
or otherwise sanitized between each use.
.0209 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 location of the premises where the treatment or
service is provided for any off -premises massage, the name
of technician administering such service, a description of
the treatment or service rendered and the amount charged for
the treatment or services rendered. A short medical history
form shall be completed by the operator 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
25
a& I
shall be retained for a period of twenty-four ( 24 ) 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 Police 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 ( 2 ) 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
Anaheim shall constitute a misdemeanor.
.0210 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, thereafter, of any changes
in such 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 12:00 midnight
and 6:00 a.m. A massage begun any time before 12:00
midnight, must nevertheless terminate at 12:00 midnight.
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 in the front window clearly visible from
the outside.
.0211 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.
.0212 Insurance. No person shall engage in, conduct or
carry on the business of a massage establishment unless
there is on file with the License Collector, in full force
and effect at all times, documents issued by an insurance
company authorized to do business in the State of California
26
evidencing that the permittee is insured under a liability
insurance policy providing minimum coverage of $100,000.00
for injury or death to one person arising out of the
operation of any massage establishment and the
administration of a massage.
.0213 Handicapped Areas: All massage establishments
must comply with all State and Federal laws and regulations
for handicapped customers.
.0214 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 kept 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.
.0215 Access. The following persons shall be allowed
beyond the front lobby, located directly inside the front
door entrance during hours of operation:
(i) valid permit holders under this Chapter;
(ii) customers, who may be accompanied by no more than
one family member ; and
(iii) visitors of valid permit holders under this Chapter,
provided, however, that access to such visitors
shall be limited to the designated business office
of the massage establishment.
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 Chapter.
Entry doors to any room shall not be obstructed by any
means. Nothing contained in this paragraph shall prohibit
any person who is an office employee of the establishment
from being present in hallways, reception/business offices
or other areas necessary or relating to such person's
employment duties, nor prohibit any authorized repair,
maintenance or service personnel from being present in areas
necessary to the performance of such person's services,
except that no such office employee or service personnel
shall be permitted in any massage room while a customer is
present in such room.
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0 021 Discrimination. No massage establishment may
discriminate or exclude patrons on the basis of the race,
sex, religion, age or handicap.
.0217 Notices. The Chief of Police 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 court conviction, to have violated any of the provisions
listed in Section 4.29.050 or 4.29.080:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND
THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO
INSPECTION BY THE ANAHEIM POLICE
DEPARTMENT AND CODE ENFORCEMENT
DIVISION WITHOUT PRIOR NOTICE.
.01 The notice set forth above shall be prepared and
issued by the Chief of Police.
.02 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
(12) months following the determination of any such
violation, or date of conviction, of any of the offenses
set forth above.
.03 The requirement for posting the notice described
in this Section is cumulative and in addition to all
other civil and criminal remedies and penalties set forth
in this Chapter, or in the ordinances, laws, rules or
regulations of the City of Anaheim, County of Orange and
the State of California.
4.29.120 CHANGES OF BUSINESS.
.010 Every massage establishment operator shall report
immediately to the License Collector any and all changes of
ownership or management of the massage establishment,
including, but not limited to, changes of Responsible Employee
or other person principally in charge, stockholders holding
more than five percent (5%) of the stock of the corporation,
officers and directors of the corporation, partners of the
partnership, including limited partners and all changes of
name, style or designation under which the business is to be
W
a.
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 Chief of Police provided there
is compliance with all applicable regulations of the City of
Anaheim.
.020 No massage operator's 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 License Collector, shall
be placed in the name of the surviving partners. A massage
operator's permit issued to a corporation shall be deemed
terminated and void when five percent (5%) or more of the
stock of the corporation is sold, transferred or assigned
after the issuance of a permit. No massage technician permit
may be sold, transferred or assigned by a permittee, or any
operation of law, to any other person or persons.
4.29.130 FEES.
The City Council shall establish by resolution, and from
time to time may amend, the fees for the administration of
x.. this Chapter. The City shall include in this resolution a
Health Services Fee Schedule prescribing annual fees to be
paid by the operator of each massage establishment, such fees
to be paid directly to the County of Orange Health Department
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.
4.29.140 EXEMPTION; EXISTING PERMITTEES.
.010 The requirements of this Chapter shall have no
application and no effect upon, and shall not be construed as
applying to, any persons designated as follows:
.0101 State licensed physicians, surgeons,
29
chiropractors, physical therapists, osteopaths, or any
registered nurse working on the premises of, and under the
direct supervision of, a State licensed physician, surgeon,
chiropractor or osteopath. Practical nurses, licensed
vocational nurses, or other persons without qualifications
as massage technicians and without first obtaining a massage
technician permit pursuant to this Chapter, whether employed
by physicians, surgeons, chiropractors or osteopaths or not,
may not give massage or massage procedures.
.0102 Barbers and beauticians who are duly licensed
under the laws of the State of California while engaging in
the practices within the scope of their licenses, except
that this exception shall apply solely to the massaging of
the neck, f ace, scalp, hands, f eet and hair of the customer
or client.
.0103 Persons administering a chair massage as defined
in this Chapter, provided that the License Collector
receives a letter from the property or business owner of the
location where the chair massage is to be administered
stating his/her/its knowledge and approval of the chair
massage, the location where the chair massage will take
place, the dates and hours the chair massage will be
conducted, the identity of the person(s) administering the
chair massage and that only a recognized massage chair will
be used.
.0104 Accredited high schools, junior colleges,
colleges, or universities whose coaches and certified
athletic trainers are acting within the scope of their
employment.
.0105 Certified athletic trainers of amateur, semi-
professional or professional athletes or athletic teams
while engaging in their training responsibilities for and
with athletes; and trainers working in conjunction with a
specific athletic event such as road races, track meets,
triathlons, biathlons, or similar single occurrence athletic
or recreational events.
.020 Commencing on the effective date of this Chapter,
all permits are to be issued in accordance with the provisions
of this Chapter.
.030 Existing operator's and massage technician's permits
shall continue in effect until expiration.
30
16
. 03 01 Within twelve (12 ) months following the effective
date of this ordinance, all existing massage technician
permit holders shall comply with the requirements of Section
4.29.070.030 of this chapter and shall also either ( i) meet
and comply with the requirements of Section 4.29.070.020 of
this chapter or (ii) take and pass the test administered by
the City pursuant to Section 4.29.070.040 of this chapter.
Failure of a massage technician to comply with the
requirements of the preceding sentence shall render such
massage technician's permit null and void at the expiration
of said twelve (12) month period.
.0302 Within twelve (12) months following the effective
date of this ordinance, all existing massage establishment
operator's permit holders (and the designated Responsible
Employees of such massage establishments) shall comply with
the requirements of Section 4.29.040.020 of this chapter.
Failure of an operator, or any designated Responsible
Employee of such operator, to comply with the requirements
of the preceding sentence shall render such operator's
permit null and void at the expiration of said twelve (12)
month period.
4.2.01.150 TRANSFER AND DURATION OF PERMITS.
.010 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 License Collector and payment of the appropriate transfer
fee.
.020 Except as provided in subsection .040 below, permits
for massage operators 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.
.030 Applications for the next ensuing permit shall be filed
with the License Collector before the expiration of the
existing permit. Temporary Permits will not be issued for
renewals and renewal applications must be filed no later than
sixty (60) days prior to the expiration of the permit to
prevent a lapse of the permit.
.040 Renewal applications shall require such information as
may be required by the Chief of Police to update the
information contained in the original permit application.
31
With respect to massage technician permits, renewal
applications must be accompanied with proof that the applicant
has completed ten (10 ) units of continuing education from a
recognized school of massage as defined in this Chapter. The
applicant shall accompany the application for renewal with the
appropriate filing f ee approved by resolution of the City
Council.
4.29.160 SUSPENSION, REVOCATION, DENIAL AND APPEAL.
.010 Violation And Non -Compliance. The Chief of Police may
refuse to issue or 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 the
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.
.020 Notice. When the Chief of Police concludes that
grounds for denial, suspension, revocation or refusal to renew
a permit exist, the Chief of Police shall direct the License
Collector to serve the applicant or permit holder, by
certified mail, return receipt requested, addressed to the
business and 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 that the decision
will be final if no appeal is filed within the time permitted.
.030 Appeal.
.0301 The right to appeal to the City Council shall
terminate upon the expiration of fifteen ( days from the
date of mailing of the notice. Any decision of the Chief of
Police, pursuant to this Chapter, shall be deemed final and
conclusive unless a written notice of appeal is filed with
the City Clerk and the Chief of Police prior to the
expiration of said fifteen (15 ) day appeal period.
.0302 In the event an appeal is timely filed, any
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.
32
. 0303 The City Coun. ii .of the City of Anaheim may
preside over the hearing on appeal or, in the alternative,
the City Council may, pursuant to Section 1.12.110, 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
(4 5 ) days from the date the appeal is filed with the City,
or, in the event that a hearing officer has been appointed,
the hearing officer shall submit his/her findings and
recommendations to the City Council within forty-five ( 4 5 )
days from the date the appeal is filed with the City and the
City Council shall render its decision within fifteen ( 15 )
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 their test at the
Police Department but shall not be entitled to a copy of the
test.
.0304 Notice of the date, time and place of the hearing
shall be mailed at least ten (10) days prior to the date of
the hearing, by certified mail, return receipt requested,
with proof of service attached, addressed to the address
listed on the massage application, or massage technician
application, as the case may be.
.0305 No permit granted herein shall confer any vested
right to any person or business for more than the permit
period. All massage operators, Responsible Employees and
technicians subject to this Chapter shall comply with the
provisions of this Chapter as they may be amended hereafter.
4.29.170 VIOLATION AND PENALTY.
.010 Violations of this Chapter shall constitute a
misdemeanor and shall be punishable in the manner provided in
Section 1.01.370.
.020 Any massage establishment operated, conducted or
maintained contrary to the provisions of this Chapter shall
be, and the same is hereby declared to be, unlawful and a
public nuisance as defined in Chapter 6.44, and the City may,
33
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."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1000.00) or by
imprisonment not exceeding six ( 6 ) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
34
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 15th day of May , 2001.
MAY
R'15F THE CITY (Y ANAHEIM
ATTEST:
(2
C TY CLEKK OF THE CITY OF ANAHEIM
24578.4
35
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5771 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 8th day of May, 2001, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 15th day of May, 2001, by the following vote of
the members thereof:
AYES:
NOES:
ABSENT-
(SEAL)
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
CIN CLEA OF THE CIN OF ANAHEIM