.010 Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and their massage technicians and employees in the City.
.020 Operator's Permit Required. No person shall operate a massage establishment within the City without first obtaining an operator's permit pursuant to Sections 18.16.070.030 and 18.16.070.040 of this chapter. The operator's permit required by this section shall be in addition to any business license required by this Code. Mobile massage operations are not permitted within the City. All massage activities must occur within a massage establishment, as permitted by this section. Massage establishments are prohibited within Motels, as defined in Section 18.36.040, except as permitted in Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards), Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) and Chapter 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zoning and Development Standards).
.030 Application for Operator's Permit. Any person desiring an operator's permit for a massage establishment shall file a written application on the required form with the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section), 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; one participant, if the owner is a joint venture; the managing member or one member duly authorized by all necessary action of the members, if the owner is a limited liability company; the duly authorized and empowered officer, if the owner is any other type of legal entity. 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 18.16.070.040 of this section. The application shall be deemed complete if it contains or is accompanied by the information required, as identified below and in the application approved by the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section).
.0301 In all cases where the owner is not a sole proprietor, the applicant shall designate one of its officers, general partners or members, as the case may be, to act as its responsible managing officer for purposes of operating the massage establishment and acting as the authorized representative of the owner. The owner or the owner's designated responsible managing officer shall complete and sign all application forms required under this section, 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, as defined in Section 18.92.210 of this Title. The operator's permit shall be issued only to and in the name of the owner of the massage establishment, who shall be responsible for all requirements of this section.
.0302 The present or proposed address where the business is to be conducted.
.0303 The type of ownership of the business (i.e., sole proprietorship, partnership, corporation, limited liability company, etc.).
.0304 The exact name, including any fictitious name, if applicable, under which the business is to be operated.
.0305 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 18.16.070.080.0801.03 of this chapter is to 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 Planning Director within ten (10) days after such changes are made.
.0306 If applicable, a copy of the California Massage Therapy Council ("CAMTC") certificate and photo identification issued to the Applicant by the California Massage Therapy Council pursuant to Section 4600 et seq. of the California Business and Professions Code. If applicable, the expiration date of the CAMTC certificate must be indicated.
.0307 A complete list of the names, including any pseudonym(s), alias(es), alternate name(s), or nickname(s), and residential addresses of all massage technicians, employees, attendants and persons employed as a salaried or contract employee or retained as an independent contractor on a regular or temporary basis by the owner of a massage establishment in consideration for direct or indirect monetary wages, remuneration or profit, or any person who volunteers his or her services to or for such a person; the name and residential address of the Responsible Employee principally in charge of the operation of the business; and the names and residential addresses of all principals of the business.
.0308 A copy of the CAMTC certificate and photo identification issued by the California Massage Therapy Council pursuant to Section 4600 et seq. of the California Business and Professions Code for each person or employee of the Massage Establishment that will provide massage services. If applicable, the expiration date of the CAMTC certificate held by each person or employee of the Massage Establishment that will provide massage services must be indicated.
.0309 The name and address of the record owner of the real property upon or in which the massage establishment is to be conducted. If the applicant does not own the lot or parcel on which the massage establishment will operate, the owner shall consent to the filing of the application by signing and dating the application, and the applicant shall provide a certified copy of the lease or rental agreement.
.0310 A sketch or diagram showing the complete interior configuration of the business, including without limitation the location of the restrooms, massage rooms, customer areas, employee-only designated areas, and any massage establishment requirements as identified in Section 18.16.080.0801. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale, with marked dimensions of the interior of the premises to an accuracy of plus or minus twelve inches.
.0311 Written authorization for the City, its agents, and employees to seek verification of the information contained in the application.
.0312 If the applicant is an individual, he/she shall sign the application under penalty of perjury that all the information contained in the application is true and correct. If the applicant is other than an individual, the responsible managing officer shall sign the application under penalty of perjury that all the information contained in the application is true and correct.
.0313 A signed notarized statement that the Responsible Employee shall be responsible for the conduct of all employees, massage technicians, attendants and persons employed as a salaried or contract employee or retained as an independent contractor working on the premises of the massage establishment or any person who volunteers his or her services and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter may result in the revocation of the City-issued permit.
.0314 Such other identification and information as may be necessary and required by the City in its sole discretion to verify the truth of the matters hereinabove specified as required to be set forth in the application.
.0315 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 Planning Director of such change within ten (10) business days thereafter, in writing.
.0316 For any massage establishment in operation prior to January 19, 2017, a new written application for an operator's permit for a massage establishment required by section 18.16.070.030, above, shall be filed with the City and deemed complete pursuant to section 18.16.070.030 not later than July 20, 2017.
.0317 The following additional information concerning the applicant shall also be provided:
.01 The full name, date of birth, current residential address, business address, and telephone numbers.
.02 Acceptable proof that the applicant is at least eighteen (18) years of age.
.03 California driver's license number or California identification number, and social security number or resident alien number, if any.
.04 Any other names, including any pseudonyms, aliases, alternate names, or nicknames, used within five years of the date of filing the application.
.05 Height, weight, color of hair and eyes, and gender.
.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 including, 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.
.08 All criminal convictions, including pleas of nolo contendere, within the ten (10) year period preceding the date of application, including those dismissed or expunged pursuant to California 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 Whether the applicant has ever been convicted of any crime specified in California Government Code Section 51032.
.10 A complete set of fingerprints taken by the Police Department.
.11 The name and address of any massage business or other establishment currently owned or operated by the applicant wherein the business of massage is conducted.
.035 Right to Privacy. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The City Council, in adopting the application and licensing system set forth herein, has determined in accordance with California Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section) shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.
.040 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 thirty (30) business days of receipt of an application, provide a recommendation to the Planning Director to approve or deny the application. The Chief of Police shall recommend approval of the application unless the Chief of Police makes any of the following findings:
.0401 The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a general partner, if the applicant is a partnership, or the managing member or one member duly authorized by all necessary action of the members, if the owner is a limited liability company; or the duly authorized and empowered officer, if the owner is any other type of legal entity; or any person proposed to be or is 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 236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 266i, 314, 315, 316, 318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of California 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 California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 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 section;
.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;
.06 Engaged in conduct which would constitute an offense as described in subparagraph .01 above;
.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 section, 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;
.09 Had a massage operator permit, massage technician permit, CAMTC 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.
.10 Employed or used massage technicians without valid CAMTC certificates.
.0402 The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process.
.0403 The application does not contain all of the information required by Section 18.16.070.030.
.0404 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.
.0405 The applicant has not satisfied the requirements of this Section 18.16.070 in the time specified.
.0406 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 twenty-four (24) months from the date the application was denied.
.050 Massage Establishment Operating Requirements. Each operator and Responsible Employee of any Massage Establishment shall comply with the following requirements:
.0501 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 breast(s) 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 establishment, shall be present in any room with another person unless the person's genitals, gluteal fold, anus, or in the case of a female, her breast(s), are fully covered.
.0502 Under no circumstances shall any owner, operator, Responsible Employee, manager, licensee, massage technician, employee, attendant or independent contractor expose any specified anatomical parts, as defined by Section 18.54.020, to another person or persons while at the massage establishment.
.0503 Under no circumstances shall any specified sexual activities, as defined by Section 18.54.020, take place at any time at the massage establishment.
.0504 No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office.
.0505 There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, as defined by Section 18.54.020, including, but not limited to, all sex-oriented material and merchandise as defined by Section 18.54.020 (I) and (J).
.0506 No person granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.
.0507 All massage establishments required to be licensed under this section 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 Planning Director 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 section.
.0508 No establishment shall be open for business without having a valid operator's permit and at least one on-duty massage technician holding a current valid CAMTC certificate at all times when said establishment is open.
.0509 The operator and/or designated Responsible Employee shall ensure that the massage establishment permit and the CAMTC certificate for each on-duty massage technician, alongside a color copy of the corresponding technician's photograph, 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 18.16.070.070.0703 or issued by the California Massage Therapy Council at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand.
.0510 An operator and/or on-duty Responsible Employee shall be responsible for the conduct of all massage technicians, employees, attendants and persons employed as a salaried or contract employee or retained as an independent contractor, or any person who volunteers his or her services 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.
.0511 No operator or Responsible Employee shall employ any person as a massage technician who does not have a valid CAMTC certificate. Every operator or Responsible Employee shall report to the Planning Director any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section). 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 section of any massage technician no longer employed by the operator to the Planning Director within five (5) days. If the new employee is a massage technician, the operator shall deliver a copy of the new technician's photo identification card and CAMTC certificate to the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section) within five (5) business days.
.0512 All persons working in the massage establishment, including independent contractors and unpaid volunteers, 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.
.0513 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 immediately 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.
.0514 No massage establishment may be located within a radius of 500 feet of another massage establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. If two or more massage establishments are located within 500 feet of each other on January 19, 2017, the massage establishment first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of this paragraph .0514, and the later established use(s) shall be deemed nonconforming to the locational requirement. No nonconforming massage establishment shall be increased, enlarged, extended or altered in size or area. This minimum separation requirement shall not apply to massage establishments located within the boundaries of the Disneyland Resort Specific Plan No. 92-1, the Anaheim Resort Specific Plan No. 92-2 or the Hotel Circle Specific Plan No. 93-1.
.0515 If a nonconforming massage establishment becomes vacant and remains unoccupied for a continuous period of sixty (60) days or more, the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section) shall determine and notify the owner of the massage establishment in writing that the nonconforming use has been discontinued and the nonconforming use may not be renewed or reestablished.
.0516 The operator shall comply with all provisions of this chapter and any applicable provisions of this Code.
.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 CAMTC certificate.
.070 Massage Technician Requirements. All massage technicians shall comply with the following conditions:
.0701 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 a female, her breast(s) are fully covered at all times.
.0702 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.
.0703 The massage technician shall wear or have on his or her person a photo identification card prepared and issued by the CAMTC, if applicable, 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 CAMTC changes his or her business address, the technician must obtain a CAMTC certification prior to offering massage services.
.0704 Massage technicians shall not perform any massage at any location other than the location specified on the permit.
.0705 While on duty, the massage technician shall not use any name other than that specified on the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council.
.0706 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. Additionally, massage attendants shall not dress in the following manner while engaging in the practice of massage or while visible to clients in a massage establishment:
.01 In attire that is transparent, see-through, or substantially exposes the massage technician's undergarments.
.02 In swim attire.
.03 In a manner that exposes the massage technician's specified anatomical parts, as defined by Section 18.54.020.
.04 In a manner that constitutes a violation of Section 314 of the California Penal Code.
.05 In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.
.0707 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, the Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, 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 18.16.070.080.0802.14 which would require the posting of the Notice to All Patrons.
.0708 No massage technician shall advertise services that would constitute a violation of any requirements of this chapter.
.080 Requirements of Operation.
.0801 Facilities.
.01 Windows. The storefront windows of the massage establishment shall be transparent to provide clear visibility into the reception area of the unit. The windows shall not be obscured by curtains, blinds, tint, or other temporary devices during operating hours.
.02 Signs. All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the City. 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.
.03 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 Employee shall permit, and no massage technician shall offer or perform, any service other than those posted. No services that would constitute a violation of this Chapter or any other law shall be posted.
.04 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) 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.
.05 Restroom 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 restroom. No bathtubs shall be allowed.
.06 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. Separate massage rooms shall be provided for couples massage if offered at a massage establishment. Rooms providing couples massage shall be separated from all other rooms and areas of the massage establishment by an opaque door, such that no activities occurring within a room offering couples massage are visible to other patrons of the massage establishment.
.07 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.
.08 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 foam pads with a minimum width of two feet (2') and a maximum width of four feet (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.
.09 If an establishment is proposing the use of table showers in the massage establishment, the entire massage room where the table shower is located shall be designed and built as a shower facility. The floor and walls shall be designed and built to be waterproof per California Building Code requirements and the room shall drain properly per the California Building Code.
.0802 Operations.
.01 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.
.02 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.
(a) 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 unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this section are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.14 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.
(b) Inspections of the massage establishment shall be conducted during business hours.
(c) 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 Building and Safety Division, Code Enforcement Division, Fire Department, Police Department, Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, at any time it is occupied or open for business.
.03 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. Only full-size bath towels or sheets shall be used in the massage process.
.04 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.
.05 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. Alcoholic beverages may not be sold, offered for sale, served, furnished, kept, consumed, imbibed, or possessed on the premises.
.06 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.
.07 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 immediate inspection by officials charged with enforcement of this section.
.08 Minimum age. No person shall give, or assist in giving, any massage to any other person under the age of eighteen (18) years, unless the parent or guardian of the minor person has consented thereto in writing.
.09 Record. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and telephone number of each patron, the name of the massage technician administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this chapter, as authorized by law or court order. Such records shall be kept on the premises of the massage establishment for a period of two (2) years.
.10 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.
.11 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 between the hours of 10:00 p.m. and 6:00 a.m. A massage begun any time before 10:00 p.m. must terminate at or before 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside.
.12 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, or that services are available that would constitute a violation of any laws.
.13 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. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. 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.
.14 Notices. The Planning Director 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 Sections 18.16.070.40 and 18.16.070.070:
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, FIRE DEPARTMENT, BUILDING AND SAFETY DIVISION AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued by the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section).
(b) The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room.
(c) 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.
.090 Change of Business.
.0901 Every massage establishment owner shall report immediately to the Planning Director 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, interests in partnerships (including both general and limited partners), limited liability company membership interests, as may be applicable to the type of entity which is making the particular change in question, and all changes of name, style or designation under which the massage establishment is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change of location of any of the premises may be approved by the Planning Director provided there is compliance with all applicable regulations of the City.
.0902 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 or a limited liability company and one or more of the partners or members, respectively, should die, one or more of the surviving partners or members, as the case may be, may acquire, by purchase or otherwise, the interest of the deceased partner (or partners) or member (or members), as the case may be, without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Planning Director, shall be placed in the name of the surviving partner (or partners) or member (or members), as the case may be. 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. A massage operator's permit issued to an entity other than a partnership, limited liability company or corporation shall be deemed terminated and void when five percent (5%) or more of the voting rights or beneficial ownership rights and interests as may be applicable to the entity 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 by operation of law, to any other person or persons.
.0903 If a massage establishment ceases operation due to any violation of this chapter, no new massage establishment may be established at the same location for twenty four (24) months from the date the massage establishment ceases operating.
.100 Exemption.
.1001 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:
.01 State licensed physicians, surgeons, 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, osteopaths, physical therapists and registered nurses. This exemption does not include practical nurses, licensed vocational nurses, acupuncturists or CAMTC certified massage therapists or technicians working under the direct supervision of physicians, surgeons, chiropractors, osteopaths, physical therapists and registered nurses.
.02 Barbers, estheticians, 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, face, scalp, hands, feet and hair of the customer or client.
.03 Persons administering a chair massage as defined in this chapter, provided that the Planning Director 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.
.04 Accredited high schools, junior colleges, colleges, or universities whose coaches and certified athletic trainers are acting within the scope of their employment.
.05 Certified athletic trainers of amateur, semiprofessional 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.
.06 Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by the State of California.
.1002 Commencing on the effective date of this chapter, all permits are to be issued in accordance with the provisions of this chapter.
.110 Transfer and Duration of Permits.
.1101 No permit issued hereunder shall be transferable to any other person or establishment. "Person" means an individual, corporation, limited liability company, partnership, joint venture, association, firm, joint stock company, trust, unincorporated association or other entity.
.1102 It shall be the responsibility of the operator to ensure that all technicians conducting massage on the premises are continually licensed by the CAMTC. The operator shall be required to show evidence that massage technicians operating within their massage establishment hold a valid CAMTC certificate at the time of business license renewal.
.1103 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.
.120 Violation and Penalty.
.1201 Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370.
.1202 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, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6390 § 3; December 20, 2016: Ord. 6425 § 9; December 19, 2017: Ord. 6473 §§ 11, 12; December 3, 2019: Ord. 6506 § 13; February 9, 2021.)