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(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.
(C) Comprehensive fire and theft covering auto and contents.
(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.
(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.
(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.)
(c) Public Hearings.
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;
(c) Age, date of birth, gender, height, weight, eye color and hair color;
(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.
(Title and Section amended by Ord. No. 183,603, Eff. 7/25/15.)
(a) Definitions. The words and phrases defined in Section 103.205(a) of this Code, shall have the same meanings when used in this section.
(b) Effective January 1, 2016, all persons performing massage services from any location in the City shall be required to possess a valid, unrevoked California Massage Therapy Council Massage Practitioner or Massage Therapist certificate. All Massage Therapist permits issued by the Board prior to January 1, 2016, shall be considered null and void.
(c) Exemptions. The provisions of Subsection (b) shall not apply to the following classes of individuals, and no permit shall be required of such persons, while engaged in the performance of the duties of their respective professions:
1. Physicians, surgeons, chiropractors, osteopaths, podiatrists, acupuncturists or physical therapists who are duly licensed to practice their respective professions in the State of California.
2. Nurses who are registered under the laws of the State of California.
3. Barbers and beauticians who are duly licensed under the laws of the State of California.
4. Athletic trainers employed by, or on behalf of, an amateur, semi-professional or professional athletic team performing or training within California.
5. Coaches and athletic trainers of accredited high schools, junior colleges, colleges and universities.
6. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California.
7. Any other business or profession exempted by state law.
(d) Penalty. Any person operating as a Massage Practitioner or Massage Therapist without a certificate as required in Subdivision (b) of this section shall be guilty of a misdemeanor.
(e) 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.
(Added by Ord. No. 148,154, Eff. 4/17/76. )
(a) Definitions. The words and phrases defined in Section 103.205 (a) of this Code, shall have the same meanings when used in this section. In addition thereto, the following words and phrases shall have the following meanings when used in this section.
(1) As used herein, “Bath” means the activity of providing facilities for: steam baths; electric light bath; electric tub baths; shower baths; sponge bath; sun bath; mineral bath; Russian, Swedish or Turkish bath; public bathing, which has in connection therewith, a steam room, dry hot room, plunge, shower bath or sleeping accommodations; hydro- therapeutic pool, which is designed for whole or partial immersion of the human body for recreation or therapeutic use by one or more persons at a time and which is either drained or is not drained, cleaned, or refilled for each user, and may include but not be limited to hydrojet circulation, hot water, cold water, mineral water, oil, air induction bubbles or any combination thereof; therapeutic pools which may include whirlpools, hot tubs, baths, and cold water plunges; or any other type bath for treating the human body. (Amended by Ord. No. 159,306, Eff. 9/27/84.)
(b) Bath Business – Permit Required. No person shall engage in, manage, conduct or operate a “Bath” business without a written permit from the Board.
(1) Exemptions. This section shall not apply to any treatment administered in good faith in the course of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Professions Code of California or any other law of this state.
(c) Employees. No person shall be permitted to work in a “Bath” business in any capacity that would require such person to touch the body of another without such person being previously authorized to do so by the Board consistent with provisions of Section 103.205.1 of this ordinance. No person under eighteen (18) years of age shall be permitted to work on the premises.
(d) Persons Under Eighteen – Admission. No person under eighteen (18) years of age shall be allowed on the premises of a “Bath” business, unless accompanied by one of their parents or guardians.
(Title Amended by Ord. No. 156,362, Eff. 3/15/82.) (Section Amended by Ord. No. 176,223, Eff. 11/8/04.)
(a) Definitions. Unless the context or subject matter otherwise requires, terms defined here shall have the following meaning when used in this chapter:
(1) Alarm System. Any assembly of equipment and devices installed on premises, buildings or structures for the purpose of signaling the presence of an Emergency or hazard requiring urgent attention, excepting any system, device, or mechanism primarily protecting a motor vehicle.
(2) Alarm System User. The person who controls both the Alarm System and the premises upon which it is installed, or the person who controls the premises and is the subscriber, client or customer of an Alarm Company Operator, as that term is used in Section 103.206.1 of this Code.
(3) Burglar Alarm System. An Alarm System designed or used to detect and report an unauthorized entry or attempted unauthorized entry upon the premises, building or structure protected by the system.
(4) Department. The Los Angeles Police Department.
(5) Emergency. The commission or attempted commission of a robbery, burglary, or other criminal activity.
(6) False Alarm. The activation of an Alarm System resulting in a response by the Department where an Emergency of the kind for which the Alarm System was designed to give notice does not exist.
(7) Private Guard Responder. A guard employed by an Alarm Company Operator, private guard company, or person or entity authorized by the Alarm System User to be responsible for Verification of an unauthorized entry, attempted unauthorized entry, or other crime which may have occurred at the premises, building or structure protected by the Alarm System.
(8) Robbery Alarm System. An Alarm System designed or used for alerting others of a robbery or other crime in progress which involves potentially serious bodily injury or death. For purposes of this definition, a Robbery Alarm System includes duress, panic, hold-up and robbery-in- progress alarms.
(9) Verification. Confirmation of an unauthorized entry or attempted unauthorized entry upon the premises, building or structure protected by the Burglar Alarm System. Confirmation may be made by the Alarm System User, other person at or near the scene of the activation, Private Guard Responder or Alarm Company Operator, and shall be based on a physical observation or inspection of the premises, or by remote visual inspection of the premises. For purposes of this definition, remote visual inspection of the premises is a visual inspection of the premises protected by the Burglar Alarm System which is accomplished through the use of a video camera or other similar device to capture and transmit visual images of the premises to the Alarm System User, Alarm Company Operator, Private Guard Responder, or person or entity authorized by the Alarm System User. The visual images must be sufficiently discernable to permit the viewer to confirm that an unauthorized entry, attempted unauthorized entry, or other crime has occurred at the premises protected by the Burglar Alarm System.
(b) Permit Requirement. No person shall install, connect, activate, operate or use an Alarm System without a valid Alarm System permit having been issued for that purpose.
(c) Permit Application. Application for an Alarm System permit must be in writing on a form provided by the Board. Applications must be accompanied by the permit fee established in Section 103.12.
(d) Permit Denial, Suspension and Revocation. The Board of Police Commissioners may suspend or revoke the permit of any Alarm System User whose Alarm System has experienced more than ten (10) False Alarms within a 365 day period. Failure to pay a False Alarm fee or penalty assessment within sixty (60) days of billing shall be grounds for revocation of a permit. Beginning February 1, 2005, and thereafter, no permit shall be issued or renewed until all Alarm System permit fees, False Alarm fees, late fees or penalty assessments due and owing are paid.
(e) False Alarm Fees and Penalties.
(1) False Alarm Fees. Alarm System Users shall pay a False Alarm Fee of $176.00 for each False Alarm. (Amended by Ord. No. 188,146, Eff. 4/18/24.)
(2) Penalty Assessments. All penalties assessed under this section shall be in addition to any False Alarm fee.
(i) Permitted Alarm System. In addition to the False Alarm fee an Alarm System User with a valid permit shall pay a penalty assessment of $50.00 for the second False Alarm within 365 days of the first False Alarm. The penalty assessment will increase by $50.00 increments for each additional False Alarm incurred during a 365 day period.
(ii) Non-permitted Alarm System. In addition to the False Alarm fee an Alarm System User who does not possess a valid permit on the date of the False Alarm shall pay a penalty assessment of $100.00 for the first False Alarm. The penalty assessment will increase by $100.00 increments for each additional False Alarm incurred during a 365 day period.
(f) Late Permit Penalties. (Amended by Ord. No. 181,718, Eff. 6/20/11.) An alarm system user who fails to obtain an original permit as required by this Section shall pay a Late Permit Penalty of $15.00 in addition to the permit fee established in Section 103.12. An Alarm System User who fails to pay the Annual Police Permit Fee before January 1, of each calendar year as required by Section 103.07(a), shall be assessed a Late Permit Penalty as follows:
(1) If the Annual Police Permit Fee is paid between January 1, and March 31, a $15.00 Late Permit Penalty shall be assessed.
(2) If the Annual Police Permit Fee is paid after March 31, a $30.00 Late Permit Penalty shall be assessed.
Any Late Permit Penalty shall be in addition to the original permit fee established in Section 103.12.
(g) Waiver of Fees. The Board of Police Commissioners may waive the fees and penalties provided it has adopted and follows guidelines for the waiver of fees.
(h) The Department shall advise the Office of Finance of all applicable fees and penalties. The Office of Finance shall bill the charges to the Alarm System User. The charges shall be due and payable to the Office of Finance within 30 days of the billing date.
(i) If the Office of Finance determines for any billing that a discrepancy exists between the charges paid and the amount due pursuant to this section, which results in an underpayment or overpayment in an amount of $3.00 or less, the Office of Finance may accept and record the billing as paid in full, without other notification to the person billed.
(j) If the Office of Finance determines that any amount due pursuant to this section cannot be collected or that efforts to collect this sum would be disproportionately costly in relation to the probable outcome of the collecting efforts relative to the amount due, the Office of Finance may prepare a report setting forth the findings and reason for that determination and submit that report to a Board of Review constituted under Section 11.04 of this Code and authorized to act as provided in that section. Upon unanimous approval of the finding by the Board of Review, the Office of Finance may remove any unpaid sum owing or believed to be owing from the active accounts receivable of the Department. The removal however shall not preclude the City from collecting or attempting to collect the sum if it later proves to be collectible, as provided by Section 11.04. In the event the City files an action in court to recover the sum, the City shall be entitled to recover its costs and attorney’s fees in addition to the amount due and owing.
(k) Additional Duties of Alarm System User.
(1) The Alarm System User shall display on the premises, building or structure, at or near the main entrance, the Alarm System permit number and the telephone number of the person designated to respond to the location in the event of an alarm. Numbers shall be clearly visible and readable from the exterior of the premises. The premises shall display the street address at or near the front of the premises and at other places where access is available, such as, from an alley or parking lot. The street address shall be clearly visible.
(2) All Alarm System notifications to the Department shall begin with the Alarm System User’s name, complete address including unit or apartment number, Alarm System permit number and shall include the state alarm company operator license number.
(3) The Alarm System User or a designee of the Alarm System User shall respond to the premises following activation of an alarm at the premises after being requested to do so by the Department. The response shall be made within a reasonable time and, in any event, not later than sixty (60) minutes after being requested to do so by the Department.
(4) The Alarm System User shall abide by all additional rules and restrictions adopted by the Board.
(l) Impermissible Systems and Uses.
(1) No person shall operate or use any Alarm System that emits a sound similar to that of an emergency vehicle siren or a civil defense warning system.
(2) No person shall operate or use an Alarm System that emits an audible sound where the emission does not automatically cease within thirty (30) minutes.
(3) No person shall operate or use a Robbery Alarm System for any purpose other than reporting robberies or other crimes involving potential serious bodily injury or death.
(4) No person shall operate or use a Burglar Alarm System for any purpose other than detecting and reporting an unauthorized entry or an attempted unauthorized entry upon the premises, building or structure protected by the system.
(5) No person shall operate or use an Alarm System that has been disapproved by the Board of Police Commissioners.
(6) No person shall operate or use a Burglar Alarm System that causes a request for service to be placed with the Department or with a 9-1-1 emergency service number prior to Verification if the Burglar Alarm System has already experienced two False Alarms within a 365 day period. Verification is not required for a Robbery Alarm System activation or for activations that occur at premises, buildings or facilities controlled or monitored by federal, state or local agencies, or the location of a licensed firearms business.
(7) No Alarm Company Operator shall cause a request for service to be placed with the Department until such time as it has made (2) attempts to verify the need for service by telephonic means. This provision does not modify or limit subsection l.(6).
(8) No Alarm Company Operator shall, within seven (7) days following a new Alarm System installation, cause a request for service to be placed with the Department prior to Verification.
(9) No person shall provide false information which causes the Department to dispatch officers to the location of an Alarm System.
(10) No person shall operate or use a Burglar Alarm System which causes a request for service to be placed with the Fire Department for any purpose other than for an emergency fire response.
(m) Violation. Violation of this section, other than by failure to pay a fee or penalty assessment, shall constitute a misdemeanor.
(Amended by Ord. No. 180,490, Eff. 3/7/09.)
(a) Definitions. The definitions contained in California Business and Professions Code Sections 7590.1 and 7590.2 shall be applicable to this section unless otherwise provided.
(b) Business Tax Registration. No person shall engage in the business of Alarm Company Operator without having first obtained a Business Tax Registration Certificate from the Office of Finance.
(c) Permit Requirement. Alarm Systems Installed by Alarm Company Operator.
(1) An Alarm Company Operator shall not install an Alarm System, as defined in Section 103.206, unless either:
(A) The Alarm System User or customer has already obtained a valid Alarm System permit issued by the Board of Police Commissioners for the premises, building, or structure at which the Alarm System is to be installed, or;
(2) An Alarm Company Operator that installs any Alarm System pursuant to paragraph (B) of subdivision (1) shall, no later than the last day of each month, remit to the Office of Finance all Alarm System permit fees and completed permit applications collected that month, accompanied by a remittance form approved by the Office of Finance.
(d) Violation of this section shall constitute a misdemeanor.
(Added by Ord. No. 170,801, Eff. 1/21/96.) (Sec. No. Corrected by Ord. No. 170,910, Eff. 3/22/96.)
A. As used in this section, the following definition shall apply:
Secured Building Fee. A fee imposed pursuant to this section to recover the costs of securing a building.
B. Every person who has ownership or control of any business operated in any commercial building shall, upon the request of a member of the Los Angeles Police or Fire Department, provide the names and non-business telephone numbers of at least two persons who shall have authority to take control of and secure the property in the event the property is found in an unoccupied and unsecured condition. Such information shall be provided, received and maintained in confidence for the exclusive use by those departments to satisfy the purposes of this section. Information received by one department shall be transferred to the other department.
C. Any unoccupied and unsecured commercial building, for which the information required in Subsection A has been obtained and to which police have responded after actuation of a burglary alarm or other call for police service, is declared to be a public nuisance. Upon discovery after such response the Los Angeles Police Department may cause telephonic notice to be given to one or both of the persons whose name and non-business telephone numbers have been provided by the owner or person having control of the business pursuant to the provisions of Subsection A of this section. The telephonic notice provided for herein shall include the address of the building and the nature of the unsecured condition, shall cite this code section, and shall state that unless a representative of the owner or person having control thereof secures the building within one hour of the notice the City will secure the building and charge the owner of the business for the cost thereof.
D. If telephonic contact with either of the persons identified pursuant to Subsection A of this section cannot be made within one hour of the initial effort to make contact after response to a burglar alarm or if notice is given in accordance with the provisions of Subsection C of this section and the owner or the owners representative does not secure the building within one hour of such notice, the City or its contractor may enter upon the property and secure the building.
E. The Department shall give the owner of the business written notice of any action to secure any building in accordance with Subsection D of this section. Such notice shall be in a form prescribed by the Board.
F. All expenses incurred by the City pursuant to Subsection D of this section shall become an indebtedness of the owner of the business operated within the building.
G. Duties of the Department.
1. The Department shall develop written procedures to provide for training and the uniform implementation of this section.
2. The Department shall develop any form or document necessary to carry out the purposes of this section.
3. The Department shall develop an administrative appeal hearing procedure to determine whether the indebtedness incurred under this section was assessed to the proper person or was properly assessed.
H. Duties of the Office of Finance. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
1. The Office of Finance shall bill the owner of the business for any indebtedness incurred under this section as reported by the Department. The bill shall be due and payable to the Office of Finance within fifteen days of the billing date.
2. If the Office of Finance determines for any billing that a discrepancy exists between the service fee paid and the amount billed which results in an underpayment or overpayment in an amount of three dollars or less, the Office of Finance may accept and record the billing as paid in full without other notification to the person billed.
3. If the Office of Finance determines that any amount of the service fee billed hereunder cannot be collected or that efforts to collect would be disproportionately costly in relation to the probable outcome of the collection efforts, the Office of Finance may prepare a report setting forth the findings and reasons therefor and request that the Board of Review authorize the removal of any unpaid amount from the active accounts receivable of the Department pursuant to Section 11.04 of this Code. Upon unanimous approval of the Board of Review, the Office of Finance may remove from the active accounts receivable any service fee owing. If the Board of Review does not unanimously approve the findings, the matter shall be returned to the Office of Finance. Any removal, however, shall not preclude the Office of Finance from collecting or attempting to collect any such sum that later proves to be collectible as provided by Section 11.04.
4. At least monthly the Office of Finance shall report to the Department the outstanding accounts receivable, collections and write offs of service fees.
5. Administrative Cost. The total cost covered in Paragraph 1 of this subsection shall include, in addition to the cost to perform the actual work, an amount equal to forty percent of such cost to cover the cost of the City administering any contract and supervising the work required.
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