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§ 118.08 OPERATING REQUIREMENTS: FACILITIES.
   All owners, operators and managers shall comply with the following operating requirement for facilities and any other conditions specified by the Chief of Police:
   (A)   Structure. Massage establishments shall be carried on in a structure that is located in a zoning district that permits such use. When a massage establishment is newly constructed, three sets of plans shall be submitted to the city and the county health care agency for approval and shall be accompanied by the appropriate plan check fee.
   (B)   Signs. Any signs shall be in conformance with the current ordinances of the city. Each operator and/or manager shall post and maintain, adjacent to the main entrance and the front of the business, a readable sign identifying the premises as a massage establishment. A sign, nor the front of the business, shall not be illuminated by strobe or flashing lights.
   (C)   Services list. Each operator and/or manager shall post and maintain a list of services available and the cost of such services in the lobby of the massage establishment in a conspicuous public place and in any other location on the premises as the operator and/or manager deems appropriate. No operator or manager shall permit, and no massage practitioner shall offer or perform, any service other than those posted.
   (D)   Lighting. Minimum lighting for a massage establishment shall be provided in accordance with Article 220 of the National Electric Code or successor provision or provisions. White light illumination shall be activated at all times while the patron is in a massage room. No strobe, or 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.
   (E)   Ventilation. The operator and/or manager shall provide in each massage room, minimum ventilation in accordance with the Section 304.5 of the Uniform Building Code or successor provision or provisions.
   (F)   Toilet facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom wash basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.
   (G)   Bathing, dressing and locker facilities. If provided, there shall be a minimum of one shower and one dressing room containing a separate locker capable of being locked for patrons to be served at the massage establishment. The shower facility shall be equipped with soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. Bar soaps shall not be used.
   (H)   Separate rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, dressing and toilet facilities shall be provided for male and female patrons. Each separate facility or room shall be clearly marked as such.
   (I)   Maintenance. 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 with a disinfectant approved by the county health department, as needed, but at least once each day the premises are open. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in any of these specified areas.
   (J)   Massage tables. A massage table shall be provided in each massage room and all massages shall be performed on the massage table. The tables should have a minimum height of 18 inches. Two-inch thick foam pads with a maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material acceptable to the county health department. Beds, floor mattresses and waterbeds shall not be permitted on the premises.
   (K)   Front door. One front door that enters into the lobby and/or other waiting room shall be provided for customer use. All customers and any other persons other than massage practitioners or employees shall be required to enter and exit through the front door of the establishment.
(Ord. 1233, passed 5-4-04)
§ 118.09 OPERATING REQUIREMENTS: OPERATIONS.
   All owners, operators and managers shall comply with the following operating requirements and any other conditions specified by the Chief of Police:
   (A)   Equipment. Each operator and/or manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.
   (B)   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.
   (C)   Living quarters prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No cooking or food preparation of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the city and the County of Los Angeles and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils.
   (D)   Alcoholic beverages/drugs. No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The operator and/or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages shall not be permitted.
   (E)   Lotions and oils. All lotions, oils, liniment, antiseptic, powder, cream, ointment or other similar preparations commonly used in massage establishments as supplementary aids for massage shall be maintained in hygienic and properly labeled containers.
   (F)   Adult-oriented merchandise prohibited. The use or possession of adult-oriented merchandise in or on any part of a massage establishment is expressly prohibited.
   (G)   Recordings. No electrical, mechanical or artificial device shall be used by the operator and/or manager, massage practitioner 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 written consent of the patron.
   (H)   Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings of a minimum size of 30 inches x 60 inches, capable of covering the patrons' specified anatomical areas, including, but not limited to, the genital area, anus and female breasts. No common use of such coverings shall be permitted and re-use is specifically prohibited unless adequately cleaned prior to its re- use.
   (I)   Records. Every operator and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the operator and/or manager to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel for emergency purposes and for no other purpose. The police department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.
   (J)   Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00 a.m. and 10:00 p.m. The operator and/or manager must advise the city, in writing, at the time of submission of the application for a massage establishment permit of the hours of operation within the times set forth above. The operator and/or manager shall notify the city, in writing, at least 30 calendar days prior to the date of the effective change, of any changes in the hours of operation. No person shall operate a massage establishment or administer a massage in any massage establishment or administer a massage pursuant to an off premises massage permit between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 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.
   (K)   Advertising. No massage establishment 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 and posted on the premises as required by this chapter, nor shall any massage establishment or out-call massage service employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter.
   (L)   Handicapped areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers.
   (M)   Compliance. Proof of compliance with all applicable provisions of this Code shall be provided.
   (N)   Doors. All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours. All interior doors, including, but not limited to, all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry in any manner.
   (O)   Massage and dressing room doors. All massage and dressing rooms shall be screened off by curtains, draw drapes, or doors that are mounted in compliance with the building code. No massage may be given within any massage room within a massage establishment that is fitted with a door capable of being locked.
   (P)   Access. No person(s) other than the owner, operator, operator's employees, holders of valid massage practitioner permits issued pursuant to this chapter and customers will be allowed beyond the front lobby, which lobby shall be located directly inside the front door entrance, during the hours of operation. Any other person(s) found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception/business offices or lounge area will be in violation of this section. Entry doors to any room shall not be obstructed by any means.
   (Q)   Discrimination. No massage establishment may discriminate or exclude patrons on the basis of the race, sex, religion, age or handicap.
   (R)   Notices. The Chief of Police shall require that the following notice be posted in the event that any massage practitioner or 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 by a state court, to have violated any of the offenses that would be grounds for denial under §§ 118.06 or 118.18:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE BALDWIN PARK POLICE DEPARTMENT WITHOUT PRIOR NOTICE.
      (1)   The Chief of Police shall provide the language for said notice set forth above. Every owner, operator and/or manager required to post such notice shall be required to pay for the cost of any and all notices required by this section.
      (2)   The notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the premises and in each massage room. The notices shall be posted for 12 months following the violation of any of the offenses set forth above.
(Ord. 1233, passed 5-4-04)
§ 118.10 INSPECTIONS.
   (A)   The Police Chief and the County Health Department, or their authorized representatives, shall have the right to enter the massage establishment at any time during business hours for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter. During an inspection, the police department may also verify the identity of all employees.
   (B)   The city's building and safety, fire department, police department and the county health department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Chief of Police. The police department may inspect the occupied massage rooms for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in § 118.09(R) that would require the posting of the "Notice to All Patrons".
   (C)   Inspections of the massage establishment shall be conducted during business hours.
   (D)   An operator, manager, their agents, servants, massage practitioner or employee commits a punishable offense if he or she refuses to permit, delays or interferes with a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(Ord. 1233, passed 5-4-04)
§ 118.11 OPERATOR’S PERMIT: NON- ASSIGNABILITY.
   No 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 except as hereinafter set forth.
(Ord. 1233, passed 5-4-04)
§ 118.12 CHANGE IN OWNERSHIP OF BUSINESS.
   (A)   If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. One or more proposed partners in a partnership granted a permit hereunder may make application to the Chief of Police, together with the fee established by the City Council, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur.
   (B)   If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the Chief of Police, together with a fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur.
(Ord. 1233, passed 5-4-04)
§ 118.13 CHANGE IN LOCATION OR NAME.
   (A)   Every operator and/or manager shall report immediately to the police department any and all changes of name or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. The Chief of Police may approve a change of location of the massage establishment provided there is compliance with all applicable regulations of the city.
   (B)   No permittee shall operate, conduct, manage, engage in, or carry on the business of a massage establishment under any name other than the person's name and the name of the massage establishment specified in the permit.
   (C)   Any application for an extension or expansion of a building or other place of business of a massage establishment shall require inspection(s) and shall comply with the provisions and regulations of this chapter and all other city ordinances including, but not limited to, zoning ordinances and building, safety and occupancy standards.
(Ord. 1233, passed 5-4-04)
§ 118.14 APPLICABILITY TO EXISTING MASSAGE ESTABLISHMENTS.
   (A)   Commencing on the effective date of the ordinance codified in this chapter, all permits for a massage establishment are to be issued in accordance with the provisions of this chapter.
   (B)   The provisions of this chapter shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of this chapter, except that massage establishments legally in business prior to the effective date hereof shall have six months or until the expiration of their current business license, whichever is greater, to comply with the terms hereof.
(Ord. 1233, passed 5-4-04)
§ 118.15 MASSAGE PRACTITIONERS: PERMIT REQUIRED.
   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 practitioner permit issued pursuant to § 118.18 of this chapter. Each massage practitioner permit holder shall be issued a photo identification badge and a massage practitioner permit. The permit holder shall wear the identification badge on his or her person at all times when working in the massage establishment and shall ensure that the massage practitioner permit is displayed in a conspicuous place in the lobby during business hours. Each permit holder shall immediately surrender to the Chief of Police any identification badge and massage practitioner permit issued by the city upon the suspension, revocation, or expiration of such permit.
(Ord. 1233, passed 5-4-04)
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