Section
11.07.005 Findings and purpose
11.07.010 Definitions
11.07.015 Massage establishment permit required
11.07.020 CAMTC massage certificate required
11.07.025 Exemptions
11.07.030 Massage establishment permit - application
11.07.035 Review of application and investigation
11.07.040 Massage establishment permit - grounds for issuance or denial; notice of denial; right to appeal
11.07.045 Service of any City notice, and date of service
11.07.050 Term of massage establishment permit
11.07.055 Issuance of permit
11.07.060 Massage establishment permit - nonassignable and nontransferable
11.07.065 Operating requirements - general conditions, facilities and massage establishments
11.07.070 Massage technicians and practice - general conditions
11.07.075 Inspections of massage establishments and its records
11.07.080 Massage establishment permit - change in ownership when the permittee is a partnership or corporation
11.07.085 Massage establishment permit - change of name, or alterations to approved facility
11.07.090 Renewal of massage establishment permit
11.07.095 Grounds for suspension, revocation, nonrenewal, or denial; notice of City decision; and appeal rights
11.07.100 Appeal
11.07.105 Prohibition from reapplying for a massage establishment permit
11.07.110 Surrender of massage establishment permit
11.07.115 Applicability to existing massage establishments
11.07.120 Fees
11.07.125 Violations and penalty
11.07.130 Effect on other ordinances
The City Council finds and declares as follows:
A. The City is authorized, by virtue of the Constitution of the State of California, Cal. Gov’t Code §§ 51030 et seq., and Bus. & Prof. Code §§ 4600 et seq., to regulate massage establishments by imposing reasonable standards for, and conditions on, the lawful operation of massage establishments.
B. The regulations imposed by this Chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Culver City, as well as to safeguard against illicit activities.
C. The regulations and restrictions contained in this Chapter are intended to discourage massage establishments from becoming fronts for illicit activities, and the means utilized in this Chapter bear a reasonable and rational relationship to the goals sought to be achieved.
D. There is a significant risk of injury to massage clients by improperly trained massage therapists, and this Chapter provides reasonable safeguards against injury and economic loss.
E. The regulations contained in this Chapter provide comprehensive regulations for the establishment, use and operation of businesses offering massage services in the City of Culver City, so that the public health, safety and welfare remain protected, while simultaneously being consistent with California law.
(Ord. No. 2016-009 § 2 (part))
For the purpose of this Chapter, the following definitions shall apply:
APPLICANT. Applicant shall include any individual or entity applying for a permit under this Chapter, including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.
BUSINESS TAX CERTIFICATE. The certificate issued by the City's Tax Collector after payment of the business tax fee as set forth in Chapter 11.01 of the City of Culver City Municipal Code. The term LICENSE is synonymous and interchangeable with the term BUSINESS TAX CERTIFICATE.
CITY. City of Culver City, California.
CITY MANAGER. City Manager of the City of Culver City, or his or her designee.
CODE. The City of Culver City Municipal Code, and any other ordinances, resolutions, and regulations adopted therein.
COUNTY. County of Los Angeles, California.
EMPLOYEE. Each person who renders any service, with or without compensation, for the owner, permittee, or agent of either an owner or permittee of a massage establishment. For purposes of this Chapter, the term EMPLOYEE shall include part-time, full-time, temporary, or permanent employees.
LOBBY. One room or designated area, adjacent to a public entry, which is used for an entry or waiting room for customers or other persons authorized to enter the premises.
MANAGER. Any person(s) designated by the massage establishment to act as the representative or agent of the massage establishment in managing day-today operations with corresponding liabilities and responsibilities, and/or the person in apparent charge of the premises where the massage establishment is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies.
MASSAGE. Any method of manipulating the soft tissues of the human body for remedial, health, hygienic, relaxation or any other reason or purposes, whether by means of pressure, acupressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, stimulating, or any other manner of touching the external parts of the human body with the hands, or with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice, type of business or trade. MASSAGE TREATMENT, MASSAGE SERVICE, and MASSAGE ACTIVITY are included within this definition for purposes of this Chapter.
MASSAGE CERTIFICATE. A certificate to practice massage, issued by the California Massage Therapy Council (CAMTC) pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions).
MASSAGE ESTABLISHMENT. Any business or enterprise having a fixed place, facility or location of business conducted within the City of Culver City, where any person, firm, association, partnership, limited liability company, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage, bath, or health treatment involving massages or baths including, but not limited to, fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
MASSAGE ESTABLISHMENT PERMIT. The permit issued pursuant to the provisions of this Chapter required to operate or manage a massage establishment.
MASSAGE ROOM. A cubicle, booth, room, or enclosed or semi-enclosed area within a massage establishment where massage services are performed on patrons.
MASSAGE TECHNICIAN. Any person who administers to another person a massage as defined herein, within a massage establishment or off-premises, for any form of consideration or in exchange for anything of value whatsoever. The terms MASSAGE THERAPIST, MASSAGE PRACTITIONER, MASSAGE TRAINEE, MASSEUR, or MASSEUSE are included within this definition for purposes of this Chapter.
OFF PREMISES. A massage performed or administered for money or other consideration by a massage technician with a massage certificate at a location other than a massage establishment with a permit.
OWNER. All persons who have any ownership interest in a massage establishment. An owner shall also mean the individual(s) or entity whose name appears on the City Business Tax Certificate or massage establishment permit.
PERMIT ADMINISTRATOR. The Chief Financial Officer of the City of Culver City, or his or her designee, or other person designated by the City Manager.
PERMITTEE. Any person or entity to whom a current and valid City-issued massage establishment permit has been issued.
PERSON. Any natural person, individual, or corporation, limited liability company, partnership, association or other group, or combination of individuals and/or groups, acting as an entity.
RESPONSIBLE PERSON. All owners of the massage establishment, including all officers, directors, managers, partners and all other persons with authority, including apparent authority, over the premises of the massage establishment.
SPECIFIED ANATOMICAL AREAS. Any of the following human anatomical areas: genitals, pubic regions, anuses, and female breasts below a point immediately above the top of the areola.
(Ord. No. 2016-009 § 2 (part))
Except as otherwise provided herein, it shall be unlawful for any person to engage in, conduct or carry on, or to cause, allow, or permit, the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining a current and valid massage establishment permit pursuant to the provisions of this Chapter, and complying with all other applicable provisions of this Code, including but not limited to, securing the necessary Business Tax Certificate as required by Chapter 11.01 of this Code.
(Ord. No. 2016-009 § 2 (part))
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