6159ORDINANCE NO. 6159
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF CHAPTER 4.29 OF TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO MASSAGE
ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That subsection .120 of Section 4.29.020 of Chapter 4.29 of Title 4 of the Anaheim
Municipal Code be, and the same is hereby, amended as follows:
".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," "Massage
Practitioner," and "MTO certificate holder" are included within this definition for purposes of
this chapter."
SECTION 2.
That new subsection .122 be, and the same is hereby, added to Section 4.29.020 of
Chapter 4.29 of Title 4 of the Anaheim Municipal Code as follows:
".122 "Massage Therapy Organization" or "MTO" shall mean the non-profit organization
established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section
4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a
statewide basis pursuant to Business and Professions Code Section 4600(g)."
SECTION 3.
That new subsection .124 be, and the same is hereby, added to Section 4.29.020 of
Chapter 4.29 of Title 4 of the Anaheim Municipal Code as follows:
".124 "MTO certificate" shall mean a Massage Practitioner or Massage Therapist certificate
issued by the Massage Therapy Organization."
SECTION 4.
That paragraph .0116 of subsection .010 of Section 4.29.040 of Chapter 4.29 of Title 4 of
the Anaheim Municipal Code be, and the same is hereby, amended as follows:
".0116 If the proposed massage establishment or business will be a sole proprietorship,
where the sole proprietor is certified pursuant to Business and Professions Code Section 4600 et
seq., or will employ or use only persons certified pursuant to Business and Professions Code
Section 4600 et seq. to provide massage services, copies or other evidence of such certification
held by the persons who will provide massage services at the business."
SECTION 5.
That subsection .020 of Section 4.29.040 of Chapter 4.29 of Title 4 of the Anaheim
Municipal Code be, and the same is hereby, amended as follows:
".020 If, during the term of a permit, any of the information submitted on the original or
renewal application changes, the operator or Responsible Employee shall notify the License
Collector of such change within ten (10) business days thereafter, in writing."
SECTION 6.
That new subsection .030 be, and the same is hereby, added to Section 4.29.040 of
Chapter 4.29 of Title 4 of the Anaheim Municipal Code as follows:
".030 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 seventy percent (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."
SECTION 7.
That Section 4.29.050 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and
the same is hereby, amended as follows:
"4.29.050 OPERATOR'S PERMIT ISSUANCE AND DENIAL.
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,
2
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:
.010 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:
.0101 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;
.0102 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;
.0103 Been convicted of any offense in any other state which is the equivalent of any
of the above-mentioned offenses;
.0104 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;
.0105 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;
.0106 Engaged in conduct which would constitute an offense as described in paragraph
O1 of this subsection;
.0107 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;
.0108 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
.0109 Had a massage operator permit, massage technician permit, MTO certificate or
other similar license or permit denied, suspended or revoked for cause by a licensing authority or
by any City, County, City and County or State.
.020 The applicant has made a false, misleading or fraudulent statement or omission of fact
to the City in the permit application process.
.030 The application does not contain all of the information required by Section 4.29.040.
.040 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.
.050 The applicant has not satisfied the requirements of this chapter in the time specified.
.060 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."
SECTION 8.
That new Section 4.29.055 be, and the same is hereby, added to Chapter 4.29 of Title 4 of
the Anaheim Municipal Code as follows:
"4.29.055 MASSAGE ESTABLISHMENT OPERATING REQUIREMENTS.
Each operator and Responsible Employee of any Massage Establishment shall comply with
the following requirements:
.010 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 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.
.020 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.
.030 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.
4
.040 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.
.050 The operator and/or designated Responsible Employee shall ensure the massage
establishment permit and the massage technician permit or MTO certificate 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 4.29.085.030 or issued by the Massage Therapy Organization at all times when in the
massage establishment. Such identification shall be provided to City regulatory officials upon
demand.
.060 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 persons 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 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.
.070 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
or MTO certificate. 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 issued pursuant to this chapter of any massage technician no longer
employed by the operator to the License Collector within five (5) days.
.080 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.
.090 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.
.100 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.
5
.110 The operator shall comply with all provisions of this chapter and any applicable
provisions of this Code."
SECTION 9.
That Section 4.29.060 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and
the same is hereby, amended as follows:
"4.29.060 MASSAGE TECHNICIAN PERMIT.
No person shall perform or administer a massage, or advertise to provide massage services in
the City, unless such person has in effect a valid massage technician permit issued pursuant to
Sections 4.29.070 and 4.29.080 of this chapter or a valid MTO certificate."
SECTION 10.
That Section 4.29.080 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and
the same is hereby, amended as follows:
"4.29.080 MASSAGE TECHNICIAN PERMIT ISSUANCE AND DENIAL.
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:
.010 The applicant has within ten (10) years preceding the date of the application been
convicted of any of the following:
.0101 A violation of Penal Code Sections 266(h), 266(1), 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;
.0102 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
.0103 Any offense in any other state which is the equivalent of any of the above-
mentioned offenses.
.020 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.
.030 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.
.040 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.
.050 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.
.060 The applicant has knowingly made a false, misleading or fraudulent statement or
omission of fact to the City in the permit application process.
.070 The application does not contain the information required by Section 4.29.070.
.080 The applicant has not satisfied the requirements of this chapter in the time specified.
.090 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."
SECTION 11.
That new Section 4.29.085 be, and the same is hereby, added to Chapter 4.29 of Title 4 of
the Anaheim Municipal Code as follows:
"4.29.085 MASSAGE TECHNICIAN PERMIT REQUIREMENTS.
All massage technicians shall comply with the following conditions:
.010 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.
.020 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.
.030 The massage technician shall wear or have on his/her person a photo identification
card prepared and issued by the City or the Massage Therapy Organization 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 holding a permit issued by the City 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.
.040 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.
.050 While on duty, the massage technician shall not use any name other than that
specified on the photo identification card required by Section 4.29.085.030 or issued by the
Massage Therapy Organization.
.060 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.
.070 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."
SECTION 12.
That paragraph .0105 of subsection .010 of Section 4.29.090 of Chapter 4.29 of Title 4 of
the Anaheim Municipal Code be, and the same is hereby, amended as follows:
".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 or 4.29.080 which would constitute
grounds for denial of the permit."
SECTION 13.
That paragraph .0301 of subsection .030 of Section 4.29.090 of Chapter 4.29 of Title 4 of
the Anaheim Municipal Code be, and the same is hereby, amended as follows:
".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 Sections4.29.050 or 4.29.080 which would constitute grounds for denial of
the permit; or"
SECTION 14.
That paragraph .0302 of subsection .030 of Section 4.29.140 of Chapter 4.29 of Title 4 of
the Anaheim Municipal Code be, and the same is hereby, amended as follows:
".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
4.29.040.030 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."
SECTION 15.
That subsection .020 of Section 4.29.150 of Chapter 4.29 of Title 4 of the Anaheim
Municipal Code be, and the same is hereby, amended as follows:
".020 Except as provided in subsection .040 below, permits for massage operators and
technicians issued pursuant to this chapter shall be renewed on a year to year basis provided that
the permittees continue to meet the requirements set out in this chapter."
SECTION 16.
That subsection .040 of Section 4.29.150 of Chapter 4.29 of Title 4 of the Anaheim
Municipal Code be, and the same is hereby, amended as follows:
".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. With respect to -
massage technician permits issued pursuant to this chapter, 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 fee approved by resolution of the City
Council."
9
SECTION 17. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared invalid.
SECTION 18. 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 19. PENALTY.
It shall be unlawful for any person, firm or corporation to violate any provision or to fail
to comply with any requirement 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 ($1,000.00) or by imprisonment for a period not exceeding six 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.
10
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 3rd day of November , 2009, and thereafter
passed and adopted at a regular meeting of said City Council held on the 17th day of
November , 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAXEIM
By:
MAY F THE CITY F ANXHEIM
ATTEST:
CITY CLERK OF THE CITY Ot ANAHEIM
74627.vl/MGordon
11
� rl
AFFIDAVIT OF PUBLICATIONSanta Ana, CA 92701
rr (714) 796-2209
STATE OF CALIFORNIA,`)
` ) SS. PROOF OF PUBLICATION
County of Orange..)
SUMMARY PUBLICATION
CITY OF
I am a citizen Of the United States and a resident ORDINANCE NO.EIM B 59
AORDINANCITY OF ANAHEIM AMENDING VARIOUS SECONS
Of the County aforesaid; I am Over the age Of ONUCHAPTER 4.29 FHTITLE OF THE ANAHEIM MUNICIPAL CODE RELAT•
A ING TO MASSAGE ESTABLISHMENTS.
eighteen years, and not a party to or interested in On September 27, 2008, the Governor signed Senate Bill 731 (Oropeza) revising the Busi-
ness and Professions Code, relating to massage therapy. This new legislation, which be-
came effective on September 1, 2009, provides for the certification of massage practition-
the above -entitled, matter. I am theprincipal ers and massage therapists b the Massage Thera Organization MTO" anonprofit or q.. ganization, and limits sties from enacting or enforcing ordinances that require a license,
clerk of the Anaheim Bulletin, a newspaper that permit, or other authorization to practice massage by an individual who is certified.
a" ^� The existing provisions of the Anaheim Municipal Code require any person who desires to
has been ad ud ed to be a news a er Of eneral perform massages or advertise to provide massage services in the City to first obtain a val-
g - I> h g id massage technician permit issued by the City. Thus, in order to comply with SB 731, the
attached ordinance amends Chapter 4.29 to provide that a person must have in effect a
circulation b the Su erior Court of the County' valid massage technician permit issued by the City or a valid MTO certificate issued by the
y P `,7 Massage Therapy Organization ("MTO") to perform massages or advertise to provide mas-
sage services in the City. The proposed amendments to Chapter 4.29 also reorganize and
Of Orange, State Of California, On December 2$ renumber certain existing provisions and adds new definitions in order to make Chapter
4.29 consistent with SB 731.
1951, Case N0. A-21021 in .and for the Cl Of I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
`' summary of Ordinance No. 6159 which ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim on the 3rd day of November, 2009 and was duly
AnaheimCounty Of Orange State Of California' passed and adopted at a regular meeting of said Council on the 17th day of November,
_ > > > 2009 by the following roll call vote of the members thereof:
that the notice, of which the annexed 1s a true '., I( .S: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
printed copy, has.been published in each regular ABSENT: NONE
and entire issue Of said newspaper and not in any ABSTAIN: NONE
or The above summary is a brief description of the subject matter contained in the text of Or -
supplement thereof On the following dates, to dinance No. 6159, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or describeevery provision of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinance.
wit' To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
" November 26, 2009 charge for the copy.
„•' Anaheim Bulletin November 26, 20_09 9175205
"I certify (or declare) under the penalty of
perjury under the -laws of the State of California
that the foregoing is true and correct'%
Executed at Santa Ana, Orange County,
California, on
%W
Date: November 26, 2009
Signature V
Anaheim Bulletin
625 N. Grand Ave.