SEC. 103.204. TOWING OPERATION.

1. No person shall engage in, act as or be employed as a Valet Parking Attendant until such time as said person has received a written permit from the Board and has paid all permit fees required pursuant to Chapter X, Article 3, Division 3, of this Code.

2. In lieu of a Board-issued temporary permit authorized by 103.06.2, a temporary permit for a period not to exceed 45 days may be issued to an applicant by the Executive Director of the Board or the Director’s designee, provided the following conditions are met:

(i) An application for a Valet Parking Attendant permit is on file with the Board and all permit fees have been paid;

(ii) A preliminary investigation by the Board’s staff does not reveal information which would constitute grounds for denial; and

(iii) The applicant possesses a valid California Driver’s License.

The Executive Director of the Board or the Director’s designee may suspend such temporary permit at any time if the Executive Director or the Director’s designee has reason to believe that any of the above conditions have not been met. The Executive Director or the Director’s designee shall notify the applicant, in writing, of the reasons for any such suspension, and the application for a permanent permit shall continue to be processed according to provisions of this Code and any applicable rules and regulations of the Board.

No permit shall be required under this section if the Valet Parking Attendant is providing valet parking services for a Valet Parking Operator who is not required to obtain a permit under Section 103.203(b).

1. Upon receipt of written application for a permit, the Board shall conduct an investigation to ascertain whether such permit should be issued. The permit shall be denied if the Board makes any of the following findings:

(i) The applicant has been convicted within the previous seven (7) years of a felony or any offense involving violence, dishonesty, automobile theft, automobile vandalism, reckless driving or driving under the influence of drugs or alcohol.

(ii) The applicant has committed an act, which, if done by a permittee under this section, would be grounds for suspension or revocation of a permit.

(iii) The applicant has committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit themself or another, or substantially injure another, or an act of violence, which act or acts are substantially related to the duties of the Valet Parking Attendant.

(iv) The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the permit application process.

(v) The applicant has not satisfied the requirements of this Code.

(d) Identification Card. Every person possessing either a temporary or permanent permit to act as a Valet Parking Attendant shall at all times while engaged as a Valet Parking Attendant visibly display upon their person, a valid identification card issued by the Board identifying the bearer as a Valet Parking Attendant, and shall make such card, available for inspection upon request, to any police officer or other City official charged with enforcement of this section.

The identification card shall be returned to the Board immediately upon suspension, revocation or termination of employment as a Valet Parking Attendant.

SEC. 103.203.2. ON-DEMAND VALET PARKING.

(Added by Ord. No. 184,450, Eff. 10/9/16.)

(a) Definitions. The words and phrases defined in Section 103.203(a) of this Code shall have the same meaning when used in this section. In addition thereto, the following words and phrases shall have the following meanings when used in this section:

1. “On-Demand Valet Parking Operator” means any person engaged in the business of Valet Parking who offers, makes available or provides prearranged valet parking services using an Internet- enabled application or digital platform to connect potential patrons with valet parking attendants who are employees or agents of the On-Demand Valet Parking Operator.

(b) Permit Required.

1. No person shall engage in, conduct, or carry on the business of On-Demand Valet Parking where the movement of vehicles is on or over any public right-of-way or public property without a written On- Demand Valet Parking Operator permit from the Board and the payment of all permit fees required pursuant to Chapter X, Article 3, Division 3 of this Code.

(c) Additional Application Requirements. In addition to the requirements specified in Chapter X, Article 3, Division 3 of this Code, each applicant for an On- Demand Valet Parking Operator permit shall furnish the following information with the application:

1. The name and location of the parking lots where vehicles will be parked or stored;

2. The name, address and telephone number of the employee or agent of the applicant who shall be available at all times during the hours of operation of the business;

3. A copy of the written contract between the applicant and the operator of any parking facility designated as the parking or storage location. The applicant shall notify the City within fifteen (15) days of any modification, transfer, amendment or termination of the contract;

4. A signed statement from the operator of any parking facility designated as the parking or storage location as to that facility’s ability to accept the cars, the number of spaces to be reserved for the applicant’s operations, and the total number of spaces in such parking facility. In cases where the parking facility is part of a building or premises devoted to other uses that require off-street parking, the statement shall also include information as to the number of parking spaces that were required by law to be provided in the parking facility to serve such other uses when said uses were established;

5. A copy of a valid Automobile Parking Lot permit issued under Los Angeles Municipal Code Section 103.202 to any parking facility designated as the parking or storage location;

6. Proof that the applicant has insurance in force satisfying the requirements specified in Section 103.203(d)16.; and

7. Disclosure of all prior On-Demand Valet Parking Operator permits issued to applicant by the City of Los Angeles.

(d) Operating Requirements.

1. Operating in the Public Right-of-Way. The Permittee shall at no time, unless expressly authorized on the permit:

(i) Receive or take possession of (for the purpose of parking or temporary storage until the return of the same to the patron) a patron’s vehicle upon any portion of the public right-of- way or other public property, not including a legal parking space; or

(ii) Park and leave standing any patron’s vehicle upon any portion of the public right-of- way or other public property (including any publicly owned off-street parking space); or

(iii) Use the public right-of-way for vehicle pickup and drop off locations, not including a legal parking space.

2. Claim Checks. The Permittee shall issue an electronic sequentially numbered claim check to each patron upon receipt of patron’s vehicle for valet parking. The electronic claim check shall explicitly state the terms and conditions under which the vehicle is being accepted.

3. Pedestrian Walkways. The Permittee shall ensure that pedestrian walkways are not blocked at any time during valet parking operations.

4. Parking on Private Property. The Permittee shall at no time allow any patron’s vehicle to be parked upon private property without a signed statement of authorization by the owner or other person having legal control of such private property.

5. Pre-arranged Valet Parking Services. Neither the Permittee nor any Valet Parking Attendants employed by the Permittee shall conduct valet parking services unless a request for such services has been made by using the prearranged On-Demand Valet Parking Internet-enabled application or digital platform.

6. Valet Parking Fees. The Permittee shall display the valet parking fees and rates, including the maximum charge, on the Permittee’s website and Internet-enabled application or digital platform used by the Permittee to offer, make available or provide prearranged Valet Parking. In addition, the Permittee shall also display the Permittee’s name, address and telephone number of the business, the hours of operation and the police permit number.

7. Unclaimed Vehicles. The Permittee shall notify the police whenever a vehicle has been left in its possession or custody for a period in excess of twenty- four (24) hours without a prior contractual arrangement for such period of time.

8. Employee Identification, Uniforms and Safety Equipment. The Permittee shall ensure that all employees who drive a patron’s vehicle or who handle a patron’s vehicle keys have a current and valid Valet Parking Attendant permit as required under Section 103.203.1, and wear a standard uniform that conspicuously identifies the employee by that employee’s full name and the name of the Valet Parking business. The Permittee shall ensure that all employees who receive, take possession of or move a patron’s vehicle upon any portion of the public right- of-way wear high-visibility safety vests.

9. Employee Background. The Permittee shall not allow any employee who has been convicted within the previous seven (7) years of a felony or any offense involving violence, dishonesty, automobile theft, automobile vandalism, reckless driving or driving under the influence of drugs or alcohol to drive a patron’s vehicle or handle a patron’s vehicle keys.

10. Records. Every Permittee shall maintain:

(i) A continuously updated list of the names and residence addresses of its employees who perform Valet Parking. Such list shall be maintained at the business address listed on the permit application and shall be produced on demand of any peace officer.

(ii) All financial records related to the Valet Parking operation for a minimum of three years and shall make them available to the Office of Finance for inspection at any time during the Permittee’s hours of operation.

11. Traffic Safety. The Permittee shall ensure that Valet Parking operation at no time interferes with the normal flow of vehicle traffic on the public right- of-way. The Permittee shall adhere to all traffic and parking regulations.

(e) Indemnification. The Permittee, and any person acting under or pursuant to a Valet Parking Operator’s permit, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its Council and each member thereof, and its officers, employees, board and commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of: (1) any use or performance under the permit; (2) the activities and operations of the Permittee and its employees, subcontractors or agents; (3) any condition of property used in the permitted operation; or (4) any acts, errors or omissions (including, without limitation, professional negligence) of the Permittee and its employees, subcontractors or agents in connection with the Valet Parking operation.

(f) Disciplinary Action – Additional Grounds. The following acts committed by a Permittee shall be grounds for disciplinary action in addition to the grounds listed in Section 103.35:

1. The Permittee, its agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in their custody, have knowingly or unknowingly facilitated or contributed toward the theft or conversion of any such vehicle, or of the contents thereof, or the damaging of any such vehicle; or

2. The Permittee, its agents or employees failed to cooperate with the police to aid in the investigation of any theft or other crime committed on a parking lot used by Permittee, or which arose out of the conduct of the business for which the permit was issued; or

3. The Permittee, its agents or employees knowingly delivered a vehicle in their custody to a person not the registered owner or entitled to possession of such vehicle; or

4. The Permittee’s Valet Parking operation negatively impacted traffic or disrupted the peace and quiet within any area of the City; or

5. The Permittee failed to comply with any City business tax and parking occupancy tax laws; or

6. The Permittee failed to comply with any of the operating requirements in Subdivision (d) of this section, or any rules or regulations adopted by the Board governing valet parking.

(g) Violation. Violations of the operating requirements in Subdivision (d) of this section, or any rules or regulations adopted by the Board of Police Commissioners governing valet parking, shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these.

Any person operating as a Valet Parking Operator without a permit as required in subdivision (b) of this section shall be guilty of a misdemeanor.

SEC. 103.204. TOWING OPERATION.

(Added by Ord. No. 139,363, Eff. 11/23/69.)

(a) Towing Operation Defined. As used in this article, “towing operation” means the activity of towing vehicles for compensation within the City of Los Angeles. Towing operation includes the storing of vehicles and all other services performed incident to towing.

EXEMPTIONS:

The provisions of this section shall not apply to any towing operation:

(1) That provides tow service exclusively to members of an association, automobile club or similar organization, and receives remuneration only from the sponsoring association, automobile club or similar organization;

(2) That provides tow service without charge or fee for other vehicles owned or operated by the individual or organization furnishing tow service;

(3) That provides tow service for other vehicles owned or operated by the individual or organization furnishing the tow service, but which are being operated under terms of a rent or lease agreement or contract, and such towing is performed on a non-profit basis or said fee is a part of the rent or lease agreement or contract;

(4) That, being located in another city, enters the City of Los Angeles on a non- emergency towing assignment for the purpose of towing a disabled vehicle back to said city for repair.

A non-emergency towing assignment includes towing of vehicles that have been involved in a collision, but have been removed from the scene, that have experienced mechanical failure, but have been removed from the roadway and no longer constitute a hazard; or that, being mechanically operative, are towed for convenience. All non- emergency towing assignments require prior authorization by persons listed in (f)(1), (2), (3) or (4). Persons soliciting for such non-emergency towing assignments within the City of Los Angeles shall be deemed to come within the provisions of this article and are required to have a permit as specified herein.

(b) Permit Required. No person shall engage in, manage, conduct or operate a towing operation business without a written permit from the Board.

(c) Business Location. Any person conducting a towing operation-business shall maintain a physical location from which said business is conducted. Such physical location shall provide an office with an adjacent yard for vehicle storage. Such location shall be approved by the Board prior to the permit being issued.

(d) Change of Location. A change of location may be endorsed on a permit by the Board upon an application by the permittee accompanied by the change of location fee prescribed by Section 103.12 of this Code.

(e) Towing Authorization. A permittee shall not attach a vehicle to a tow unit without first receiving written authorization to do so by the registered owner, legal owner, driver, or other person in control of said vehicle. Such authorization shall list the services offered and the rates and charges required therefor. A copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and telephone number of the towing operation business and the days and hours the business is open for release of vehicles. Such copy shall also be signed by the tow unit operator performing the authorized service.

(f) Itemized Statement – When Required. A permittee shall hereunder furnish an itemized statement to the person authorizing the towing service, or the person’s agent. Such permittee shall furnish an itemized statement of services performed, labor and special equipment used in completing tow of vehicle and of the charges made therefor upon the request of:

(1) The registered owner; or

(2) The legal owner; or

(3) The insurance carrier of either (1) or (2); or

(4) The duly authorized agent of (1), (2), or (3).

Such permittee shall furnish a copy of the statement to any person authorized to receive the statement without demanding payment as a condition precedent.

(g) Vehicle Repair or Alteration – When Permitted. A permittee hereunder shall refrain from making any repairs or alterations to a vehicle without first being authorized by one of the persons listed in (f) (1), (2), (3), or (4). Parts or accessories shall not be removed from vehicles without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This section shall not be construed to prohibit permittees from making emergency alterations necessary to permit the removal by towing of such vehicle.

(h) Disciplinary Action – Additional Grounds. The following acts committed by a permittee hereunder shall be grounds for disciplinary action in addition to the grounds listed in Section 103.35 of this Code.

(1) The permittee, the permittee’s agents or employees, obtained a tow contract by use of fraud, trick, dishonesty or forgery; or

(2) The permittee, the permittee’s agents or employees, stopped on any street, highway or other public thoroughfare to render assistance to a person or disabled vehicle without first being requested to do so; or

(3) The permittee, the permittee’s agents or employees, towed a vehicle to a location other than listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or

(4) The permittee, the permittee’s agents or employees, after towing a vehicle to the business location of permittee, without authorization, towed such vehicle to another location for storage; or

(5) The permittee, the permittee’s agents or employees, have conspired with any person to defraud any owner of any vehicle, or any insurance company, or any other person financially interested in the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle; or

(6) The permittee, the permittee’s agent or employees, removed a vehicle involved in a collision prior to arrival by police, and; a person, as a result of such collision, suffered death or injury, or the driver of an involved vehicle, or a party to such collision, was under the influence of an intoxicant of any nature, or there is evidence that such vehicle was involved in a hit and run collision; or

(7) The permittee, the permittee’s agent or employees, have charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used.

(8) Failure of the permittee, the permittee’s agent or employees, while on duty as an Official Police Garage Tow Unit Operator to wear the uniform of an Official Police Garage Tow Unit Operator as specified by the Board. (Amended by Ord. No. 143,624, Eff. 8/24/72.)

(i) Prerequisite to Application.

(1) Insurance Required. Before an application for a permit to operate a towing operation will be received or acted upon, the applicant must file with the City Attorney satisfactory evidence of insurance written by an insurance company admitted to do business in this State.

(2) Insurance Coverage – Minimum Required. Applicants are required to have minimum coverage as follows:

(A) Bodily injury – $100,000 any one person, $300,000 covering two or more persons in any one accident.

(B) Property damage – $25,000 each accident.

(j) Release of Vehicle. Permittees shall provide for release of vehicles Monday through Friday from 9:00 a.m. to 4:00 p.m., excluding officially recognized holidays. Permittees may additionally release vehicles on other days and hours.

Upon the application to the Board and a showing of hardship by the permittee, the Board may permit an adjustment in the days and hours during which vehicles are to be released.

(k) Rates and Charges – Signs – Change of.

(1) Permittees shall maintain a sign listing the rules and charges of all services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place. The letters on such sign shall be a minimum of one inch high with one quarter inch stroke. The letters shall be a contrasting color from the background.

(2) Applicants for towing operation permits shall file a schedule of rates and charges for each service offered with their application. No charge other than the rates and charges specified in such schedule shall be made except as herein provided.

Changes in rates and charges shall be made by written notice containing the new schedule of rates and charges to the Board at least 10 days prior to becoming effective. A duplicate copy of such notice shall be posted for a period of 10 days in the office next to the posted schedule of the existing rates and charges. Upon the expiration of the 10-day period the rates and charges shall be changed in accordance with such notice.

The Board may, upon a showing of hardship, permit a revision of the rate and charge schedule within the 10-day period.

(l) Notification to the Police Department – When Required. The Board may require a permittee to make notification to the Police Department whenever a vehicle is towed under the provisions of this article. Such notification shall be made as prescribed by the Board.

(m) Tow Unit Operator – Identification. A tow unit operator shall wear their name insignia attached in a conspicuous place on their clothing. A tow unit operator shall identify themself by giving their full, correct name to any patron of the towing operation upon request.

(n) Tow Unit – Identification. A tow unit shall have the permittee’s Police Commission identification number on both sides of the unit in a conspicuous place. Such marking shall be in addition to those required by the California Vehicle Code and shall meet the same requirements.

(o) Investigation. Upon the filing of such application the Board shall make investigation as it deems necessary, and if the Board finds that the conduct or operation of a towing operation would not be detrimental or injurious to the public welfare, and that the applicant is of good character and of good business repute, and has not been convicted of theft or embezzlement, or of any offense involving the unlawful use, taking or conversion of a vehicle belonging to another, and is otherwise a fit and proper person to conduct a towing operation, or if the applicant is a corporation, its officers, directors and principal stockholders are of good character and of good business repute, and have not been convicted of theft or embezzlement, or of any offense involving the unlawful use, taking or conversion of a vehicle belonging to another, and are otherwise fit and proper persons to conduct such business, issue the permit, otherwise, the application shall be denied only after the Board shall conduct a hearing on said application.

SEC. 103.204.1. TOW UNIT OPERATORS.

(Amended by Ord. No. 152,905, Eff. 10/19/79.)

(a) Permit Required. (Amended by Ord. No. 158,406, Eff. 11/20/83.)

(1) No person shall operate or drive a tow unit nor shall any person be employed as a tow unit operator until such time as said person has received a written permit from the Board to act as a tow unit operator except that any person employed as a tow unit operator may operate a tow truck without permit while under the immediate and direct supervision of a permitted tow unit operator for a period of not to exceed seven consecutive calendar days from the initial date of employment.

(2) In addition to or in lieu of a Board-issued temporary permit authorized by 103.06(b), a temporary permit not to exceed 45 days may be issued to an applicant by the Secretary of the Board provided the following conditions are met:

a. An application for permit is on file at the main office of the City Clerk and all permit fees have been paid; and

b. A preliminary investigation by Commission staff does not reveal information which would normally constitute grounds for denial; and

c. The applicant possesses a valid California Driver’s license.

The Secretary of the Board may suspend such temporary permit at any time if the Secretary has reason to believe that any of the above conditions have not been met. The Secretary shall notify the applicant in writing of the reasons for any such suspension, and the application for a permanent permit shall continue to be processed according to provisions of this Code and any applicable rules and regulations of the Board.

(b) Identification Card. Every person possessing either a temporary or permanent permit to act as a tow unit operator shall at all times while directly engaged in the operation of a tow unit carry upon their person an identification card issued by the Board identifying the bearer as a tow unit operator and shall display such card to any police officer upon request. The identification card shall bear the name, physical description, business address, and photograph of the permittee and the name and address of the garage employing the permittee.

The identification card shall be returned to the Board immediately upon suspension, revocation or termination of employment.

(c) Official Police Garage Tow Unit Operator. As used in this article, Official Police Garage Tow Unit Operator means the driver of a tow unit employed by an Official Police Garage to respond to police-initiated requests for tow service. No person shall operate as tow unit bearing an Official Police Garage insignia without written permission from the Board.

(d) Change of Location. A change of location may be endorsed on a permit by the Board upon a written application by the permittee accompanied by a change of location fee prescribed in Section 103.12 of this Code.

SEC. 103.205. MASSAGE THERAPY.

(Amended by Ord. No. 183,603, Eff. 7/25/15.)

The City recognizes that the practice of massage therapy without sufficient training and standards can be dangerous to the public. State law has been created to provide for consistent statewide certification and oversight of massage therapy professionals, and to ensure that schools approved by the California Massage Therapy Council are providing the appropriate level of instruction. The purpose and intent of this section is to regulate massage businesses in order to protect and promote the public health, safety and welfare.

(a) Definitions. Unless the context or subject matter clearly indicates that a different meaning is intended, the following words and phrases shall have the following meanings when used in this section.

1. “Board” means the Board of Police Commissioners.

2. “California Massage Therapy Council” or “CAMTC” means the State nonprofit organization created to regulate and issue massage practitioner and therapist certificates pursuant to Business and Professions Code section 4600 et seq.

3. “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, or any other type of system for treating or manipulating the human body 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, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

4. “Massage Establishment” means any business or establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any massage as defined in this section, for any form of consideration or gratuity.

5. “Out-Call Massage Business” means any business or enterprise that engages in or performs massage for any form of consideration or gratuity at a location other than a Massage Establishment.

6. “Operator” means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a Massage Establishment or Out-Call Massage Business.

7. “Owner” means any of the following:

(i) The sole proprietor of a Massage Establishment or Out-Call Massage Business. As used in this section, the term “sole proprietor” means a Massage Establishment or Out-Call Massage Business where the owner owns 100% of the business and is the only person who provides massage services for that Establishment or Out-Call Massage Business pursuant to a valid and active State certificate issued by the California Massage Therapy Council; or

(ii) All general partners of a partnership that owns and operates a Massage Establishment or Out-Call Massage Business; or

(iii) All officers of a corporation and all persons who own a controlling interest in a corporation or other limited liability entity that owns and operates a Massage Establishment or Out-Call Massage Business.

8. “Massage Therapist” means a person who is certified as a “Massage Therapist” by the California Massage Therapy Council under Chapter 10.5 of the California Business and Professions Code.

9. “Massage Practitioner” means a person who is certified as a “Massage Practitioner” by the California Massage Therapy Council under Chapter 10.5 of the California Business and Professions Code.

10. “Permit” means the permit required to be obtained from the Board for the operation of a Massage Establishment or Out-Call Massage Business.

(b) Massage Establishment or Out-Call Massage Business – Permit Required. No person shall engage in, promote, advertise, conduct, or carry on, in or upon any premises within the City of Los Angeles, the operation of a Massage Establishment or Out-Call Massage Business without a permit duly issued by the Board pursuant to this subsection for each business location. This required permit shall be in addition to any business tax registration certificate required by ordinance.

1. Application for Permit. Permit applications shall be made in accordance with Chapter X, Article 3, Division 3 of this Code.

2. Additional Requirements. In addition to those requirements specified in Chapter X, Article 3, Division 3 of this Code, each applicant for a Massage Establishment or Out-Call Massage Business permit shall furnish the following information to the Board: all convictions for any crime involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of California Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b), or any crime involving dishonesty, fraud, deceit or moral turpitude. (Amended by Ord. No. 184,710, Eff. 3/10/17.)

1. If public protest or adverse information concerning the applicant is received, the Board or, upon its direction, a Hearing Examiner may hold a public hearing to gather input from the public before issuance of a permit for the operation of a Massage Establishment or Out-Call Massage Business. All relevant information so obtained shall be used by the Board in determining whether or not to issue a permit for a Massage Establishment or Out-Call Massage Business. Public hearings shall be held in accordance with Chapter X, Article 3, Division 3 of this Code.

2. Record. The hearing procedure shall be recorded or summarized as directed by the Board. When proceedings are recorded and not summarized, they shall be transcribed at the request of any party or interested person upon the prepayment of a fee as set forth in Section 102.18. One copy of such transcript shall be furnished to the Board to be placed in its files.

3. Hearings. The public hearing shall be conducted by the Board or a Hearing Examiner at the Board’s direction. After the conclusion of a public hearing conducted by a Hearing Examiner, the Hearing Examiner shall submit their report to the Board setting forth their conclusions and recommendations in writing and stating briefly the reasons therefore.

(d) Massage Establishment – Operating Requirements.

1. Hours and Conditions of Operation. No Massage Establishment shall operate, nor shall any massage be administered in any Massage Establishment, between the hours of 10:00 p.m. and 7:00 a.m. The hours of operation must be displayed in a conspicuous place in the lobby within the Massage Establishment and in any front window clearly visible from outside of the Massage Establishment.

(i) Each person employed or acting as Massage Practitioner or Massage Therapist shall have a valid certificate issued by the California Massage Therapy Council. It shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of, or in control of, a Massage Establishment to employ or permit a person to perform massage, as defined in this section, who is not in possession of a valid, unrevoked Massage Practitioner or Massage Therapist certificate issued by the California Massage Therapy Council. After December 31, 2015, all Massage Therapist permits previously issued by the Board shall be null and void, and in order to provide massage services in the City, a person must possess a valid, unrevoked California Massage Therapy Council Massage Practitioner or Massage Therapist certificate.

(ii) The possession of a valid Massage Establishment permit does not authorize the possessor to perform work for which state certification as a Massage Practitioner or Massage Therapist is required.

(iii) The Massage Establishment shall be supervised during all hours of operation by an operator specified in the permit application.

2. Posting Requirements.

(i) A recognizable and legible sign complying with the requirements of this Code shall be posted at the main entrance identifying the business as a Massage Establishment.

(ii) A list of services available and the cost of such services shall be posted in an open and conspicuous place on the premises. The services shall be described in readily understandable language. No services shall be performed and no sums shall be charged for such services other than those posted. Nothing herein prohibits a voluntary tip from being paid by the patron.

(iii) The Massage Establishment permit and a copy of the certificate and photo of each and every California Massage Therapy Council certified Massage Practitioner or Massage Therapist employed in the establishment shall be displayed in an open and conspicuous place on the premises.

3. Instruments, Equipment and Personnel.

(i) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any massage.

(ii) Pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material.

(iii) Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless they have been first relaundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: “clean linen” and “soiled linen”.

(iv) All employees, including certified Massage Practitioners and Massage Therapists, shall not wear clothing that is transparent, see- through or exposes the certificate holder’s undergarments.

4. Personnel Lists.

(i) The operator shall maintain on the premises of the Massage Establishment evidence that demonstrates that all persons providing massage services are certified by the California Massage Therapy Council. The operator shall make the state certificates immediately available for inspection upon demand of a representative of the Police Department or any other representative charged with enforcement of this section. Additionally, the operator shall be required to file copies of each state certificate with the Board within ten days of a Massage Practitioner or Massage Therapist beginning work at the Massage Establishment. Information required by this section shall be maintained at the Massage Establishment for a minimum of two years following the date that the person ceases to be employed or provide services at the Massage Establishment.

(ii) The operator shall have a continuing obligation to notify the Board in writing of any changes in Massage Practitioners, Massage Therapists and managers within ten days of such change.

(iii) The operator shall maintain on the premises of the Massage Establishment a register of all non-state certified persons employed, working or providing other services at the massage business. The register shall be maintained for a minimum of two years following the time that a person ceases to be employed or provide services at the Massage Establishment. The operator shall make the register immediately available for inspection upon demand of a representative of the Police Department, any health officer or any other official charged with enforcement of this section. The register shall include, but is not limited to, the following information:

(a) Name, nicknames and/or aliases;

(b) Home address and contact phone number;

(d) The date of employment, and termination, if any;

(e) The duties of each person.

(iv) Every permittee operating a Massage Establishment under a permit issued pursuant to this section shall keep a record of the date and hour of each treatment, the name and address of the patron, the name of the employee administering such treatment and the type of treatment administered. Such record shall be maintained on a professionally printed form provided by the permittee. The information furnished or secured as a result of any such record shall be confidential. Any unauthorized disclosure or use of such information shall constitute a misdemeanor. Such records shall be maintained for a period of one year.

5. Prohibited Conduct.

(i) No person shall enter or remain in any part of a Massage Establishment location while in the possession of, consuming or using any alcoholic beverages or drugs, except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises.

(ii) No storage or sale of sexually oriented material and/or sexually oriented merchandise, as defined by LAMC 103.01, shall be permitted within the Massage Establishment.

(iii) No operator shall hire, employ or allow a person to perform massage services unless such person possesses a valid state certificate. Each operator shall verify that all persons performing massage services hold the appropriate state certificate required by this section.

(iv) No audio or video recording or monitoring of the performance of massage services without the prior knowledge and written consent of the patron.

(v) 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 patrons that any service is available other than those services described in this section and posted on the premises as required by this section, nor shall any Massage Establishment 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 section and posted on the premises as required by this section.

(vi) No Massage Practitioner, Massage Therapist or employee shall expose their genitals, buttocks or, in the case of a female, her breast or make intentional contact with the genitals or anus of another person.

(vii) The Massage Establishment shall not refuse service on the basis of a customer’s sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation or other arbitrary factor proscribed by the Unruh Civil Rights Act, Civil Code Section 51, et seq.

6. Building and Facility Requirements. (Amended by Ord. No. 184,444, Eff. 9/28/16.)

(i) Adequate dressing rooms shall be provided for patrons. Dressing rooms will be used only by patrons of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage is being performed. If the massage takes place without disrobing of patrons, then separate dressing rooms are not required for each patron. A location for each patron served to safely store their valuables shall be provided.

(ii) Toilet facilities shall be provided for patrons and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap. Both hot and cold running water shall be provided at all times in the toilet room or vestibule.

(iii) Minimum ventilation shall be provided in accordance with the Building Code of the City of Los Angeles. The premises shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the premises accessible to patrons with an illumination of not less than two foot-candles evenly distributed as measured at floor level.

(iv) All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam or vapor rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, compartments and toilet rooms shall be thoroughly cleaned at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(v) No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

(vi) The front door of the Massage Establishment and the doors of the interior treatment rooms in which massages are being performed must remain unlocked during all hours of operation unless the Massage Establishment is owned by one individual with one or no employees or independent contractors. No electronic locking device may be utilized on any entrance door. No warning devices such as buzzers may be installed.

(vii) No part of the Massage Establishment shall be used for residential sleeping purposes.

7. Inspections.

(i) The Chief of Police or the Chief’s authorized representative shall have the right to enter each and every part of the Massage Establishment for the purpose of making unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this section. It shall be unlawful for any permittee to fail to allow an inspection of the premises or hinder the inspection in any manner.

(e) Out-Call Massage Business – Operating Requirements.

1. No out-call massage may be administered between 10:00 p.m. and 7:00 a.m.

2. The Massage Practitioner and Massage Therapist shall have their CAMTC identification card in their possession while providing massage services.

3. A record of treatment shall be maintained by each Massage Practitioner and Massage Therapist employed by the business. Such records shall be maintained for a period of one year.

4. No person operating an Out-Call Massage Business shall allow a person to perform massage therapy unless such person has a valid, unrevoked CAMTC Massage Practitioner or Massage Therapist certificate.

5. The operating requirements set forth in Section 103.205(d)(3) shall apply to an Out-Call Massage Business.

6. No Out-Call Massage Business 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 patrons that any service is available other than those services described in this section, nor shall any Out-Call Massage Business 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 section.

7. No Massage Practitioner, Massage Therapist or employee shall expose their genitals, buttocks or, in the case of a female, her breast or make intentional contact with the genitals or anus of another person.

8. The Out-Call Massage Business shall not refuse service on the basis of a customer’s sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation or other arbitrary factor proscribed by the Unruh Civil Rights Act, Civil Code Section 51, et seq.

9. Upon any change of employees, the permittee shall inform the Board within ten days of such change.

(f) Massage Establishment / Out-Call Permit Issuance and Denial. Upon receipt of written application for a permit, the Board shall conduct an investigation to ascertain whether such permit should be issued. The permit shall be denied if the Board makes any of the following findings:

1. The applicant or any person who will be employed in the Massage Establishment or Out-Call Massage Business has been convicted within the previous five years of a violation of Health and Safety Code Section 11550 or a violation of Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b); or has been convicted in any other state of any offense which, if committed in California, would have been punished as one or more of the above-mentioned offenses; or that any such person is required to register under the provisions of Penal Code Section 290. (Amended by Ord. No. 184,444, Eff. 9/28/16.)

2. The applicant or any person who will be employed in the Massage Establishment or Out-Call Massage Business who has been convicted of any felony offense within the previous five years involving the sale of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; or has been convicted in any other state of any offense which, if committed in California, would have been punishable as one or more of the above mentioned offenses.

3. The applicant or any person who will be employed in the Massage Establishment or Out-Call Massage Business who has committed an act which, if committed by a permittee under this Section, would be grounds for suspension or revocation of the permit.

4. The operations of the Massage Establishment or Out-Call Massage Business would constitute a public nuisance.

5. The applicant has knowingly made a false, misleading or fraudulent statement of fact in the permit application process.

6. The application does not contain material information required by this section.

7. The applicant has not satisfied the requirements of this Code.

(g) Violation. Violations of the operating requirements in Subdivision (d) or (e) of this section, or any rules or regulations adopted by the Board governing Massage Establishments or Out-Call Massage Businesses, shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these.

Any person operating as a Massage Establishment or Out-Call Massage Business without a permit as required in Subdivision (b) of this section shall be guilty of a misdemeanor.

(h) Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

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