(a) Massage establishment. No person may own or operate a massage establishment in the city unless:
1. Each person administering massage (whether as an employee or independent contractor) is either a certified massage therapist or a certified massage practitioner.
2. The owner obtains, and continues to maintain, a current massage establishment permit.
3. The massage establishment complies with all requirements of the city zoning code. A massage establishment permit may be conditionally granted subject to approval of a conditional use permit.
4. The owner obtains and maintains a valid city business license.
5. The massage establishment is not within 600 feet of the nearest property line of any public or private school, church, temple, public or private park, or other massage establishment.
(b) Massage establishment permit application procedure.
1. The owner of a proposed massage establishment shall be the only person eligible to obtain a massage establishment permit for such business. The owner shall not be eligible to obtain a massage establishment permit unless the owner is at least eighteen (18) years of age. A separate permit is required for each massage establishment location.
2. The following shall be submitted to the chief at the time of application for a massage establishment permit:
A. A full, complete and truthful application form signed by: the applicant and either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the massage establishment is to be conducted; a detailed site and floor plan of the proposed massage establishment, showing all floor area to be used in the provision of massage, as well as any and all other floor area to be used in connection with the massage establishment's business. The application shall include the applicant's full legal name, birth date, and contact information, and such other information as the Department may require. Every person owning any interest in the proposed massage establishment must file an application, although only one permit will be issued at a time for a location.
B. A complete list of all services to be made available at the massage establishment ("List of Services") shall be submitted with the application. It is unlawful for any massage establishment to provide or allow to be performed any kind of service not listed on the list of services unless a revised list of services is provided to the chief not less than ten (10) business days prior to commencing any such service. In the event that the list of services or any part of the list is in other than the English language, the applicant shall, at the applicant's cost and expense, provide an accurate English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California.
C. Background check. Each applicant shall submit the following:
i. Information related to the applicant's business, occupation and employment history for the ten (10) years preceding the date of application, and the inclusive dates of same.
ii. The name and address of any and all businesses, including any massage business, owned or operated by the applicant, the name of all partners and co-owners in each business, and a description of any discipline, and permit or license suspension or revocation for each such business.
iii. A description of any other business located in the city, even if not massage-related, that is owned or operated by the applicant.
iv. Information regarding any felony or misdemeanor convictions within the last five years, any outstanding warrants for arrest and any pending criminal case as to the applicant and any person who will manage or provide administrative services to the massage establishment.
v. Information as to whether or not the applicant or any person who will manage or provide administrative services to the massage establishment, is a registered sex offender.
vi. Fingerprints of the applicant and any person who will manage or provide administrative services to the massage establishment, on a form provided by the Department, or by livescan. Any fees for the fingerprints shall be paid by the applicant.
D. Two (2) color photographs, taken within six (6) months prior to the date of the application, that clearly show the face of the applicant and any person who will manage or provide administrative services to the massage establishment, respectively. Any fees for the photographs shall be paid by the applicant.
E. A written description of the proposed massage establishment and how it will satisfy the requirements of this chapter.
F. A written register of the massage therapists and practitioners required by § 4.10.050.
G. A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.
H. A nonrefundable application fee in an amount set by resolution of the city council.
I. The name of any and all employees and/or independent contractors, other than certified massage therapists and practitioners, providing services to the massage establishment, and their title and job descriptions.
3. The chief shall, within sixty (60) calendar days of the filing of a complete application, approve and issue the massage establishment permit in the name of the owner and massage establishment business, if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid. If the application is denied, the chief shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. The decision of the chief is final. No massage establishment location for which a permit has been denied, shall be eligible for a massage establishment permit applied for less than six (6) months after the date of the notice of denial.
4. Grounds for denial. The chief may deny a massage establishment permit application if any of the following is true:
A. The applicant has been convicted within the last five years of any felony or misdemeanor, or has an outstanding warrant for his or her arrest or a pending criminal case, regarding an offense having a reasonable relationship to the functions of a permittee.
B. The application is incomplete, or falsified in any respect.
C. The applicant, or any person who will manage or provide administrative services to the massage establishment, is required to register as a sex offender in any state.
D. If there has been a criminal investigation resulting in arrest related to the operation of the massage establishment business within the last five (5) years.
E. Within the previous year, a massage business at the same location was closed due to criminal activity on the property, or had a conditional use permit or other city approval relating to the provision of massage services revoked.
F. Operation of a massage establishment at this location or otherwise as set forth in the application, would violate any provision of this chapter or the La Mirada Municipal Code.
(c) Permits nontransferable.
1. No person shall operate a massage establishment under the authority of a massage establishment permit at any place other than the address of the massage establishment stated in the application for the permit. The chief may approve a change of location, provided the massage establishment complies with all ordinances and regulations of the city.
2. No massage establishment permit issued pursuant to this chapter shall be transferable to any other person or entity.
3. Any attempt to transfer a massage establishment permit is hereby declared invalid and the permit shall automatically become void as of the date of such attempted transfer.
4. Nothing in this section shall prevent the chief from approving a second massage establishment permit for a single location provided that the holder of the massage establishment permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit.
(d) Conditions of massage establishment permit.
1. Every massage establishment shall display at all times during business hours the original permit issued pursuant to the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the massage establishment. The massage establishment shall not operate under any other name than the name set forth in the massage permit application.
2. If an individual's CAMTC certification is suspended or revoked or if the individual is not CAMTC certified, the massage establishment may not allow that person to provide massage services, including outcall massage services, at or through the massage establishment business.
3. The massage establishment must notify the city immediately upon the establishment's receipt of notice of any disciplinary action taken by the CAMTC regarding any of the establishment's massage therapists or practitioners and submit a copy of any notice or order to the chief.
4. Any act or omission of anyone providing a massage or performing any other service at the establishment's location, whether as an employee or an independent contractor, which constitutes a violation of this chapter or grounds for revocation of a massage establishment permit, shall also be deemed to be an act or omission of the permittee, the massage establishment and/or all of its owner(s).
5. Every massage establishment must be operated at all times in compliance with all federal, state and local laws, and the requirements of this chapter.
6. All portions of the permitted massage establishment floor area designated for the provision of actual massage services may be utilized for the provision of massage only by certified massage therapists and practitioners listed in the required register. No portion of any permitted massage establishment floor area may be utilized by or for conducting any other massage business unless a separate massage establishment permit is first obtained permitting such business.
7. A copy of all massage therapists' and practitioners' certificates, and photographs taken within the previous year, for massage therapists and practitioners employed by or providing services to the massage establishment, shall be conspicuously displayed in a location visible to customers upon entry to the business.
8. Only services listed in the list of services may be provided. In the event that the list of services or any part of the list posted is in other than the English language, the permittee shall, at the permittee's cost and expense, have copies available at the massage establishment that provide an accurate English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California. No permittee or anyone acting on behalf of a permittee shall advertise any services of the massage establishment that are not expressly included in the current list of services.
9. If the massage establishment has a glass window or door at the entrance to such establishment, and that window or door does not permit viewing the entrance to a room where massage is provided, then that glass shall remain clear and shall not be painted over, darkened or blocked by any cloth or obstruction, so that the front area where patrons are greeted is visible from outside of the establishment.
10. Exterior doors must be unlocked during business hours, unless the massage establishment is owned by one individual with one or no employees or independent contractors.
(e) Term of permit. A massage establishment permit issued under this chapter shall be valid for twenty-four (24) months from the date of issuance unless suspended or revoked.
(f) Renewal. A holder of a massage establishment permit issued under this chapter shall submit an application for renewal no later than sixty (60) calendar days prior to the expiration of the permit. The renewal application shall be submitted together with a nonrefundable renewal fee in an amount established by resolution of the city council. Applications for renewal of a massage establishment permit shall be processed in accordance with the procedures governing initial applications.
(g) Grounds for suspension or revocation. The chief may suspend or revoke a massage establishment permit, based upon substantial evidence that any of the following has occurred:
1. The permittee has made any false, misleading or fraudulent statement of material fact in any application, report or record required to be filed with the city.
2. The permittee, or an employee, independent contractor, owner, agent, partner, director, stockholder, or manager of the massage establishment business has failed to comply with any of the requirements or conditions of this chapter.
3. An individual who is not is a certified massage therapist or a certified massage practitioner, or whose CAMTC certification is suspended or revoked, has provided a massage at the massage establishment.
4. The permittee, or an employee, independent contractor, owner, agent, partner, director, stockholder, or manager of the massage establishment business has allowed or permitted, with or without personal knowledge, the occurrence of criminal activity on the premises of the massage establishment business.
5. One or more acts prohibited under California Penal Code §§ 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or any successor provisions thereto, have taken place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee.
6. The permittee, or an employee, independent contractor, owner, agent, partner, director, stockholder, or manager of the massage establishment business has committed a misdemeanor, felony or any violation of this chapter in the conduct of the massage establishment business.
7. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or §§ 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.
8. The permittee, or an employee, independent contractor, owner, agent, partner, director, stockholder, or manager of the massage establishment business has failed to abide by any disciplinary action previously imposed by an authorized city official in connection with the conduct of a massage establishment.
9. The permittee or anyone acting on behalf of the permittee has refused to permit inspection by the city to verify compliance with all requirements of the permit and/or this chapter.
(h) Procedure for suspension or revocation.
1. Upon determining that grounds for permit suspension or revocation exist, the chief shall furnish written notice of the suspension or revocation to the permittee. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, and shall include reasons for the suspension or revocation. Such notice shall become effective within ten (10) days of the date of the notice, unless the permittee files a written appeal with the city clerk prior to the effective date. If a timely appeal is received, then the chief shall schedule a hearing and provide written notice to the appellant setting forth the time and place of the hearing. The notice of hearing shall be mailed, postage prepaid, addressed to the last known address of the appellant, or shall be personally delivered to the appellant, at least ten (10) days prior to the hearing date.
2. Hearings shall be conducted before a hearing officer having no connection with the chief's determination to suspend or revoke the permit. Hearings shall be conducted in accordance with procedures established by the chief. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.
3. If, after holding the hearing in accordance with this section, there is a determination that there are sufficient grounds for disciplinary action, the hearing officer shall impose one of the following penalties:
A. A warning;
B. Suspension of the permit for a specified period not to exceed six (6) months; and
C. Revocation of the permit.
4. The hearing officer may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action. The hearing officer's decision shall be final.
(Ord. 681, § 2, 2016)