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(A) It shall be unlawful for any massage establishment to provide massage services unless all of the following requirements are met:
(1) All of the individuals employed by the massage establishment to perform massage are certified massage practitioners;
(2) The establishment has a valid city business license under Chapter 5.04;
(3) The establishment has a valid city certificate of occupancy;
(4) The establishment has a valid Alhambra massage establishment registry under this chapter; and
(B) Application for Alhambra massage establishment registry. The application for new and renewal Alhambra massage establishment registry shall include the following information, without limitation, and an application fee in an amount established by City Council resolution:
(1) The full legal, address and telephone number of the massage establishment and where applicable, the home or business address of an independent contractor or out-call massage therapist and the locations where working from.
(2) A list of services to be provided, and a description of any other business operated on the same premises.
(3) A legal size copy of the approved floor plan drawn to scale showing: entrances, exits, windows, interior doors, and restrooms; all other separately enclosed rooms with dimensions, including, but not limited to closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs. This shall not be required if renewing the Alhambra massage establishment registry.
(4) The hours and the days of operation.
(5) Legal names of all owners of the massage establishment and the names of all managers including date of birth, sex, height, weight, color of hair, and color of eyes of applicant, the applicant’s place of birth, and original documentation to verify both the applicant’s identity and employment authorization (if applicable), as listed under 8 U.S.C. 1324a(b)(l) and 8 C.F.R. 274a.2(b)(l).
(6) Home address and telephone number and business address and telephone number of all owners of the massage establishment and the names of all managers, and any previous home addresses for a period of ten years immediately prior to the date of the application and the dates of residence at each.
(7) For all owners, a valid and current drivers’ license and/or photo identification issued by a state or federal governmental agency, or other photographic identification bearing a bona fide seal by a foreign government and proof of being at least 18 years of age.
(8) The form of business under which the massage establishment will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
(9) For all owners and/or managers, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the establishment’s employees or independent contractors providing massage services; and acknowledging that failure to comply with the Cal. Bus. and Prof. Code §§ 4600 et seq., any local, state, or federal law, or the provisions of this chapter may result in revocation of the Alhambra massage establishment registry.
(10) The massage license and registry history of all of the owners and/or managers, including whether the owner and managers has operated any massage establishment or similar business or occupation within any other county, city, or state; and whether or not the applicant, in previously operating a massage establishment, has had the license or an Alhambra massage establishment registry revoked, suspended, or denied. In the case of revocation, suspension, or denial, the owner shall also include within the form the reason(s) therefor, and any employment obtained subsequent to any revocation, suspension or denial.
(11) The employment history of each owner and manager for ten years preceding the date of the application, the inclusive dates of the employment history, and the name and address of any massage establishment or similar business owned by the individual, whether inside or outside the city. Employment history shall also include whether the owner and/or manager, including a corporation or partnership, or a former employer of the applicant while so employed, was ever subjected to an abatement proceeding under Cal. Penal Code §§ 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.
(12) For each owner and manager of the massage establishment that is a certified massage practitioner, a copy of that person’s current certification from the California Massage Therapy Council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner, and copy of that person’s CAMTC-issued identification card.
(13) For each owner and/or manager that is not CAMTC certified, current fingerprints taken by the Alhambra Police Department for the purpose of conducting a background check on behalf of the city, to determine the criminal history of the applicant, including whether the applicant has been convicted of any felony, misdemeanor, infraction, or municipal code violation, or has been held liable for any administrative or civil action, for an act that is substantially related to the practice of massage or disqualifying conduct.
(14) The name of each person the massage establishment employs or retains to perform massage therapy for compensation. For each person the massage establishment does or will employ or retain to perform massage therapy for compensation, a copy of that person’s current certification from the California Massage Therapy Council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person’s CAMTC-issued identification card for each certified massage practitioner. Such proof of certificate and a copy of any business license granted pursuant to this chapter must be carried by the massage therapist at all times while providing massage and must be made available to any city representative upon request.
(15) The name and address of the owner of the real property upon, in, or from which the massage establishment is to be operated. In the event the applicant or owner is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the massage establishment and the property owner authorizing use of the premises for a massage therapy services or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner’s property.
(16) Proof of current and valid workers’ compensation insurance from an insurer authorized to do business in California, in an amount as required by law.
(17) Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the Alhambra massage establishment registry.
(18) The name of the individual to receive notices on behalf of the establishment.
(19) Provide two prints of a recent passport-size photograph of each applicant or otherwise allow a picture to be taken by the Alhambra Code Enforcement Division.
(20) An acknowledgment that by applying for a Alhambra massage establishment registry, the applicant understands that they are responsible for all violations of employees or independent contractors that may take place in the massage establishment which they own or manage, including whether each employee or independent contractor holds a CAMTC-issued certificate, and that such violations are grounds for revocation of the business license.
(21) Any other identification and information necessary to discover the truth of the matters required to be set in the application.
(C) Any changes to the application information during the period the city is reviewing the application shall be immediately reported to the city. Failure to report these changes shall result in denial of application.
(D) Approval or denial of Alhambra massage establishment registry and the Alhambra massage establishment registry renewals.
(1) Within 90 days following receipt of a completed application and/or after receiving approval of a conditional use permit, the Community Development Director shall either issue the Alhambra massage establishment registry or mail a written statement of the reasons for denial as set forth below. The Director shall deny a Alhambra massage establishment registry to the applicant where any of the following conditions exist:
(a) The applicant or any owner has procured or attempted to procure a Alhambra massage establishment registry or other license by fraud, misrepresentation or material misstatement;
(b) The applicant or any owner is a person who, as established by clear and convincing evidence, has engaged in disqualifying conduct as defined in this chapter within ten years immediately preceding the date of filing of the application;
(c) The massage establishment, as proposed by the applicant, if permitted, would not comply or has not complied with all the applicable laws, including, but not limited to, all the city’s building, fire, zoning, and health regulations;
(d) The applicant or any owner has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments;
(e) The applicant is less than 18 years of age;
(f) The application is incomplete and the required supplementary documents were not submitted within 20 days of a request for these documents by the Community Development Director;
(g) The applicant or any owner has been denied for good cause a Alhambra massage establishment registry; has had their Alhambra massage establishment registry or registration revoked, suspended, or restricted for good cause; has been proven to have violated any ordinance related to the practice of massage therapy; or has had any other disciplinary action taken for good cause against them by another city, state, county or territory of the United States, or by any other government agency; or
(h) The applicant or any owner is indebted to the city for any unpaid fee or fine.
(2) If prosecution is pending against the applicant or any owner for either conduct violating this chapter’s provisions or conduct violating Cal. Bus. and Prof. Code §§ 4600 et seq., the Director may postpone the decision on the application until the prosecution’s final resolution. As used in this division (D)(2), PROSECUTION means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the Alhambra City Attorney or prosecution attorney.
(E) Decision and appealing the denial of Alhambra massage establishment registry and Alhambra massage establishment registry renewals.
(1) Upon determining that grounds for denial exist, the Community Development Director shall furnish written notice of the denial to the applicant. The notice shall summarize the principal reasons for the denial, shall state that the applicant may request an appeal hearing within 15 days of the postmarked date on the notice, and shall be delivered by mail to the applicant as that name and address appear on the application. Within 15 days after the mailing of the notice, the applicant may file a request for an appeal hearing with the City Clerk. An application for an appeal must include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed. An appeal must be accompanied by supporting evidence substantiating the basis for the appeal. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal statement.
(2) Upon receipt of a timely filed appeal and payment of the appropriate fee, the City Clerk shall set the matter for hearing before the hearing officer. The hearing shall be held not fewer than ten days nor more than 60 days from the date of the appeal request. The hearing may be continued upon the mutual consent of the parties.
(3) The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven days prior to the hearing.
(4) At the time of the hearing, the hearing officer shall review the records and files relating to the decision.
(5) The hearing officer shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter.
(6) In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of the evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions.
(7) The appellant shall have the burden of proving that he or she meets the requirements for issuing the registry in the first instance; the city shall have the burden in proving that grounds exist for revoking, suspending, conditioning or failing to renew a registry.
(8) Based upon the evidence presented at the hearing, the hearing officer shall determine whether the Director’s decision should be affirmed, modified or reversed. The hearing officer’s decision is final.
(9) The hearing officer’s decision shall be communicated in writing to the appellant within seven days after the close of the hearing and submission of the matter to the hearing officer for decision.
(10) The decision of the hearing officer shall include notice that the decision is final and is subject to judicial review pursuant to Cal. Civ. Proc. Code § 1094.5, and that any action filed in the superior court shall be filed within the time period provided by law.
(F) Facilities prerequisite to Alhambra massage establishment registry issuance. An Alhambra massage establishment registry shall not be issued pursuant to this chapter unless an inspection by city personnel reveals that the establishment complies with each of the following minimum requirements of this chapter and Title XXIII, in addition to all applicable requirements of the electrical, building, fire, plumbing, and other codes as adopted by city, county and state law:
(1) Facility requirements.
(a) No massage or massage therapy services shall be given in an establishment or premises registered pursuant to this chapter, in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the business’ external doors and shall not operate to prohibit a massage establishment from locking its external doors if the establishment is a business entity owned by one individual with one or no employees or independent contractors.
(b) A list of services available, including the minimum length of time such services will be performed, and the cost of such services must be posted in a conspicuous location in each massage establishment and the services must be described in readily understandable terms. The list of services and costs must be in bold with a minimum of one-inch type, and must be in English and such other languages that may be convenient to communicate such services. No services may be performed and no sums collected for services other than those that are posted.
(c) Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where massage therapy services are being performed on clients, and in all areas where clients are present.
(d) Lighting shall be provided which is not less than the minimum required by the Uniform Building Code, as amended, which is adopted by Chapter 20.05 of this code.
(e) Ventilation shall be provided which is not less than the minimum required by the Uniform Building Code, as amended, which is adopted by Chapter 20.05 of this code.
(f) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
(g) All walls, ceilings, floors, pools, showers, bath tubs, steam rooms, and all other physical facilities for the massage establishment must be in good repair and maintained in a clean and sanitary condition on a daily basis. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bath tubs shall be thoroughly cleaned after each use. All massage establishments must be equipped, maintained, and operated to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present, effective control measures must be instituted for their control or elimination.
(h) Adequate bathing, dressing, locker and toilet facilities shall be provided for clients. A minimum of one tub or shower; one dressing room containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one toilet and washbasin, shall be provided in every massage establishment; provided, however, that if male and female clients are to be served simultaneously at the business, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and female clients. This requirement may be modified upon approval of the Community Development Director if the services provided or site plan do not necessitate some or all of these facilities.
(i) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times.
(j) All persons must thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before engaging in the practice of massage therapy.
(k) In the reception area, in letters that are a minimum of one inch in height, a notice in English (and any other language that the establishment chooses) that provides substantially as follows:
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS OR PERSONNEL WITHOUT PRIOR NOTICE
(l) No room or space enclosed or divided by walls and fitted with a door where massage or massage therapy services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound.
(m) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required.
(n) Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use.
(o) A massage establishment shall operate only under the name specified in the Alhambra massage establishment registry.
(p) All massage rooms and dressing rooms shall be screened off by hinged doors that can open inward. Swinging doors that can open inward, draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles. Except for bathroom doors, interior doors may not have locks on them.
(q) One main entry that enters into the reception area shall be provided for patron use. All patrons, and any persons other than those providing services at the massage establishment, shall be required to enter and exit through the front door of the establishment.
(r) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
(s) Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises without a conditional use permit and any applicable California Department of Alcoholic Beverage Control licenses or state law.
(G) Operating requirements.
(1) Massage therapy services may be provided only between the hours of 7:00 a.m. and 11:00 p.m. No massage establishment shall be open and no massage therapy services shall be provided between 11:00 p.m. and 7:00 a.m. the following day. A massage commenced prior to 11:00 p.m. shall nevertheless terminate at 11:00 p.m., and all clients shall exit the premises at that time. It is the obligation of the massage establishment to inform clients of the requirement that services must cease at 11:00 p.m.
(2) The owner and manager of a massage establishment shall be responsible for displaying the Alhambra massage establishment registry and the CAMTC registration certificate of each and every certified massage practitioner employed in the establishment in an open and conspicuous place on the premises.
(3) For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information:
(a) The date and hour that service was provided;
(b) The service received;
(c) The name or initials of the employee entering the information; and
(d) The name of the employee administering the service.
The records shall be open to inspection and copying by the Alhambra Police Department, Code Enforcement Division or other city personnel charged with enforcement of this chapter. These records may not be used by any massage establishment owner or employee for any purpose other than as records of service provided and may not be provided to other parties by any person unless otherwise required by law. The records shall be retained on the premises of the massage establishment for a period of two years.
(4) All massage establishment owners and their employees shall wear clean outer garments. The garments shall not include any of the following:
(a) Attire that is transparent or see-through, or substantially exposes the employee’s undergarments;
(b) Swim attire, if not providing a water-based massage modality accepted by the California Massage Therapy Council;
(c) Attire that exposes the employee’s genitals, pubic areas, buttocks, or breasts;
(d) Attire worn in a manner that constitutes a violation of Cal. Penal Code § 314;
(e) Attire worn in a manner that is otherwise deemed by the California Massage Therapy Council to constitute unprofessional attire based on the custom and practice of the profession in California.
(5) No person employed or retained by a massage establishment may expose or contact any genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola to the view of a patron of the massage establishment. During massage therapy, patrons must be covered up sufficient to cover their genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola.
(6) The premises’ exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during the business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors who are not employees of the establishment and there is no staff available to assure security for clients and massage staff behind closed doors.
(7) During hours of operation, no person other than the listed manager on duty, an employee, or a client shall be allowed beyond the reception area of the massage establishment.
(8) Clients and visitors shall only be permitted in the massage establishment during the hours of operation.
(9) Visitors shall only be permitted in the reception area of the massage establishment.
(10) Clients shall only be permitted in massage treatment areas if at least one massage practitioner is on the premises.
(11) The massage establishment shall be supervised, during all hours of operation, by a manager specified in the city’s application. The manager shall wear a badge with the manager’s name and it should clearly state the word “manager” on the badge. The name of the manager on duty shall be posted in a conspicuous place within the reception area daily.
(12) The owner and manager shall maintain a register of all employees or rent-space massage therapists. The employee register shall be maintained on the premises for a minimum period of two years following an employee’s termination. The owner and manager shall make the employee register immediately available for inspection upon demand by a representative of the Alhambra Police Department, Code Enforcement Division or the city at all reasonable times. The employee register shall include, but not be limited to the following information:
(a) The name, nicknames and/or aliases used by an employee or rent-space massage therapist.
(b) A good quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent-space therapist that provides massage services.
(c) The employee’s or rent-space therapist’s home address and relevant phone numbers (including but not limited to home and cellular numbers).
(d) The employee or rent-space therapist’s age, date of birth, gender, height, weight, color of hair and eyes.
(e) The date of employment and termination, if applicable, or, in the case of a rent-space therapist, the start and end dates of the lease agreement, as well as a copy of the agreement for all employees.
(f) The duties of each employee.
(13) While the city registry is in effect and at all times during operation, the massage establishment shall fully maintain current and valid workers’ compensation insurance as required by law. Proof of insurance shall be maintained on the premises at all times.
(14) No person shall engage in, conduct, or carry on the business of a massage establishment unless there is on file with the City Clerk, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the licensee is insured under a liability insurance policy providing minimum coverage of $100,000 for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage therapy.
(15) The massage establishment shall apply to the city for an amended Alhambra massage establishment registry within 20 days after the occurrence of any circumstance which changes the registry information initially provided to the city pursuant to § 9.44.060, including, but not limited to the termination of certified massage practitioners. There shall be no charge for an amended Alhambra massage establishment registry unless the Director determines that the changes are substantial and a new registry is required.
(16) No changes may be made to the approved floor plan referenced in § 9.44.060(B) without written approval from the Community Development Department, which may require modification of the conditional use permit.
(H) An Alhambra massage establishment registry issued pursuant to the terms of this chapter shall be valid for a term of one year from the date of issuance and, unless suspended or revoked, may be renewed annually by the massage establishment owner on one of two forms:
(1) An original application form if there are substantial changes; or
(2) A renewal application form provided by the Director so long as the massage establishment is still operating within the city at the approved location and no substantial changes have occurred.
(I) No Alhambra massage establishment registry shall confer any vested right to any person or business for more than the registry period.
(‘86 Code, §§ 9.44.060 - 9.44.100, 9.44.120, 9.44.150 - 9.44.180, 9.44.280, 9.44.290, 9.44.310, 9.44.320, 9.44.350, 9.44.360) (Ord. 3517, passed - - ; Am. Ord. 4576, passed 6-13-11; Am. Ord. 4687, passed 5-9-16; Am. Ord. 4735, passed 5-14-18) Penalty, see § 1.12.010