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ORDINANCE NO. 88-1151U
AN ORDINANCE OF THE CITY OF CARSON REGARDING THE
OPERATION OF MASSAGE PARLORS AND AMENDING THE
CARSON MUNICIPAL CODE AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. Findings and intent.
A. The City of Carson has the authority, pursuant to its police power and state
law, to regulate massage parlors and persons who provide massage services.
B. Operation of a massage parlor is not a fundamental right, and may be
regulated by laws that are rationally related to permissible government goals.
C. The purpose of this Ordinance is to establish comprehensive regulations for
massage parlors and massage technicians in order to protect the public health, safety,
and welfare.
D. The operation of massage parlors in accordance with the provisions of this
Ordinance will reduce the negative impacts to the public health, safety and welfare that
may result from unregulated individuals engaging in the massage business.
Section 2. Code Amendment. Section 63134 ("Massage Parlors") of Part 5
("Businesses, Professions, Trades and Occupations Requiring a Permit") of Chapter 3
("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the Carson
Municipal Code is hereby amended to read as follows:
"63134. Massage Parlors. Permit Fee $2,500.00. Massage parlors mean a place
where massages, fomentations, electric or magnetic treatment or alcohol rubs are
administered or given. For purpose of this part, "massage" means any method of
pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating,
or stimulating the external parts of the human body with the hands or any apparatus
with or without such supplementary aids as: liniment; antiseptic; oil; powder; cream;
lotion; ointment or other similar preparations. "Massage" shall include, but not be
limited to, the following: muscle therapy; facial massage; shiatsu; Turkish baths; and
related actions or services."
Section 3. Code Amendment. Section 63134.1 ("Same, Facilities Required") of
Part 5 ("Businesses, Professions, Trades and Occupations Requiring a Permit") of
Lthe er 3 ("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of
rson Municipal Code is hereby amended to read as follows:
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"63134.1. Same, Eligibility.
(a) Notwithstanding any other provision of this Chapter, no person who has
engaged in disqualifying conduct shall be eligible for a permit to operate a
massage parlor.
(b) For purposes of this section and Section 63135.2, "person who has engaged
in disqualifying conduct" means a person who has done any of the following
within five years of the date of the permit application:
1. Has been convicted in a court of competent jurisdiction of, or pleaded nolo
contendere to, any the following:
a. A misdemeanor or felony offense that relates directly to the operation
of a massage parlor.
b. A felony whose commission occurred on the premises of a massage
parlor.
c. A violation of California Penal Code Sections 266h, 266i, 314, 315,
316, 318, 647(a) or 647(b).
Cl. A felony offense involving the sale of a controlled substance specified
in California Health and Safety Code Sections 11054, 11055, 11056,
11057, or 11058.
e. Conspiracy or attempt to commit any of the aforesaid offenses.
f. An offense in a jurisdiction outside the State of California that is
substantially the equivalent of any of the aforesaid offenses.
2. Has been found guilty of, or has pleaded guilty or nolo contendere to, any
lesser-included offense of any of the aforesaid offenses.
3. Has been required to register under the provisions of California Penal
Code Section 290.
4. Has been subjected to a permanent injunction against the conducting or
maintaining of a nuisance pursuant to California Penal Code
Sections 11225 through 11235 or any similar provisions of law in a
jurisdiction outside the State of California.
5. Has had denied, suspended or revoked any massage-related permit or
license issued by any other public agency that regulates massage parlors
or massage technicians."
Section 4. Code Amendment. Section 63134.2 ("Same, Signs") of Part 5
("Businesses, Professions, Trades and Occupations Requiring a Permit') of Chapter 3
("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the Carson
Municipal Code is hereby amended to read as follows:
"63134.2. Same, Design Standards. Massage parlors shall be designed in
accordance with the following standards:
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(a) A recognizable and readable sign identifying the nature of the establishment
shall be posted at the main entrance. Such sign shall comply with all
applicable requirements of this Code.
(b) The following items shall be posted in a conspicuous public location within the
premises: (i) the permit issued for the business; and (ii) the permit issued for
each massage technician working at the establishment. Photographs of the
permittee, two inches by two inches or larger in size, shall be affixed to each
respective permit that is on display.
(c) A schedule of services shall be posted in a conspicuous public location within
the premises. Such schedule shall indicate each massage service offered, the
price thereof, and the minimum length of time such massage service shall be
performed. All text on such schedule shall be at least one inch in height, and
all letters shall be capitalized.
(d) Separate, closed cabinets shall be provided for the storage of clean and soiled
linen. Such cabinets shall be plainly marked "clean linen" and "soiled linen."
(e) Walls within any room where water or steam baths are given shall have a
washable, mold-resistant surface.
(f) Wash basins shall be provided with hot and cold running water, soap, and
single service towels in wall-mounted dispensers.
(g) Pads used on surfaces upon which patrons lie during the administration of
massage services shall be covered with durable, washable plastic or other
waterproof material acceptable to the Finance Director.
(h) At least one artificial light, the equivalent of a sixty watt bulb, shall be provided
directly above any surface upon which patrons lie during the administration of
massage services.
(i) Neither tinted nor "one way" glass shall be installed on any interior wall or
doorway.
(j) Cubicles, rooms, booths or other areas within which massage services are
administered shall not be equipped with any recording device. For purposes
of this paragraph, the term "recording device" means any device that is used,
or capable of being used, for recording, videotaping or monitoring the
activities, conversation or sounds of patrons.
(k) Cubicles, rooms, booths or other areas within which massage services are
administered shall not be fitted with a door capable of being locked.
(1) Exterior doors shall not be equipped with an electronic locking device.
(m) Exterior doors, and any doors separating the waiting or reception area from
the remainder of the premises, shall remain unlocked during business hours."
Section 5. Code Amendment. Section 63134.3 ("Same, Building Code
Requirements") of Part 5 ("Businesses, Professions, Trades and Occupations Requiring
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a Permit") of Chapter 3 ("Business, Professions and Trades") of Article VI ("Taxes and
Licenses") of the Carson Municipal Code is hereby amended to read as follows:
"63134.3. Same. Performance Standards. Massage parlors shall be operated in
compliance with the following standards:
(a) Every massage technician employed or utilized on the premises shall have a
valid permit.
(b) Arrangements for massage services to be administered shall be made within
the room containing the posted schedule of services.
(c) No services shall be performed other than the administration of massage
services listed on the posted schedule of services.
(d) No sums shall be charged other than those listed on the posted schedule of
services.
(e) Employees and massage technicians shall not advise, suggest, or otherwise
indicate to a patron the availability of any service that is not listed on the
posted schedule of services.
(f) Massage technicians shall not perform any service for a patron that such
patron did not request within the room containing the posted schedule of
services.
(g) A clean sheet or other effective sanitary covering shall be placed over any
surface upon which a patron lies during the administration of massage
services. Such sheet or covering shall be deposited in the "soiled linen"
cabinet at the conclusion of any service.
(h) Clean and sanitary towels, sheets, and linens shall be provided in sufficient
quantity. Towels, sheets, and linens shall not be used by more than one
person without having first been laundered. 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.
(i) Walls, ceilings, floors, pools, showers, bathtubs, steam rooms, appliances,
apparatuses, and other physical facilities shall be in good repair and shall be
maintained in a clean and sanitary condition.
Q) Wet and dry heat rooms, steam and vapor rooms, steam and vapor cabinets,
shower compartments, and bathrooms shall be thoroughly cleaned and
disinfected each day the business is in operation.
(k) Bathtubs shall be thoroughly cleaned and disinfected after each use.
(1) Instruments used in administering massage services shall be disinfected and
sterilized after each use.
(m) Employees and massage technicians shall be clean and dressed appropriately
in clean, opaque uniforms that do not expose specified anatomical areas,
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undergarments or the bare midriff. For purposes of this section, the term
"specified anatomical areas" means the following human anatomical areas:
genitals; pubic regions; buttocks; anuses; and female breasts below a point
immediately above the top of the areolae. As used in this paragraph, "dressed
appropriately" shall further mean the wearing of clothing that (at a minimum)
complies with the following requirements:
1. All garments covering the upper torso (e.g., shirts and dresses) shall have
both: (i) sleeves not less than two inches in length, measuring from the
top of the shoulder; and (ii) necklines no lower than two inches below the
clavicle; and
2. Hems of dresses, skirts, smocks, and other similar garments shall not be
more than two inches above the top of the knee, and;
3. Cuffs and hems of shorts, culottes, pants and other similar garments shall
not be more than six inches above the top of the knee.
(n) Massage technicians and employees shall not expose specified anatomical
areas, as defined in paragraph (m) above, to patrons.
(o) Patrons shall not be permitted to expose specified anatomical areas, as
defined in paragraph (m) above, while receiving massage services.
(p) At least one responsible person acting as manager shall be on the premises
at all times the establishment is open for business. Such manager shall be
familiar with the requirements of this section and shall be capable of
communicating the provisions of this section to employees and patrons.
(q) Business shall not be conducted between the hours of 11 p.m. and 9:00 a.m.
(r) Alcoholic beverages shall not be sold, served, furnished, kept, or possessed
on the premises.
(s) A legible record book containing the following information shall be maintained
at the establishment: (i) the type, date and time of each massage service
administered; (ii) the name and address of the patron receiving such massage
service; and (iii) the name of the massage technician who administered such
massage service. Such records shall be open for inspection by City officials
and maintained for a minimum period of two (2) years.
(t) The establishment shall not be operated under any name other than the name
listed on the permit application.
(u) Children under the age of eighteen must be accompanied by an adult or
provide written authorization by parent or legal guardian.
(v) A policy of insurance shall be maintained whereby the permittee is insured
against liability for injury or death to any person as a result of massage
services. The minimum liability limits shall not be less than one million dollars
for each incident of injury or death to a person. Proof of such insurance policy
shall be submitted in conjunction with the permit application.
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(w) All massages shall be administered on-site and indoors; provided, however,
that massages may be administered outdoors to the head, neck, back and
arms of patrons sitting in chairs in public or semi-public places."
Section 6. Code Amendment. Section 63134.4 ("Same, Cleanliness") of Part 5
("Businesses, Professions, Trades and Occupations Requiring a Permit") of Chapter 3
("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the Carson
Municipal Code is hereby amended to be Section 63134.4 and to read as follows:
"63134.4. Same, Exception. Sections 63134 to 63134.3 do not apply to the
following:
(a) Any treatment administered in good faith in the course of the practice of
any healing art personally by any person licensed to practice any such art
or profession under the provisions of the Business and Professions Code
or the State of California or any other statute of this state.
(b) Barbers and beauticians who are duly licensed under the laws of the
State of California while engaging in practice within the scope of their
licenses; provided, however, that this provision shall apply solely to the
massaging of the neck, face and scalp and, in connection with manicures
and pedicures, the hands and feet."
Section 7. Code Amendment. Sections 63134.5 ("Same, Separate Restrooms"),
63134.6 ("Same, Bathing, Dressing, Toilet Facilities"), 63134.7 ("Same, Washbasins")
63134.8 ("Same, Maintenance") and 63134.9 ("Same, Exception") of Part 5
("Businesses, Professions, Trades and Occupations Requiring a Permit") of Chapter 3
("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the Carson
Municipal Code are hereby deleted.
Section 8. Code Amendment. Section 63135.2 ("Same, Qualifications") of Part
5 ("Businesses, Professions, Trades and Occupations Requiring a Permit") of Chapter
3 ("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the
Carson Municipal Code is hereby amended to read as follows:
"63135.2. Same. Qualifications.
(a) A diploma or certificate of graduation from a recognized school shall be
submitted in conjunction with a permit application.
(b) The Chief of Police may take such action as appears necessary to verify
that the applicant actually has satisfied the requirements of this section.
(c) Notwithstanding any other provision of this Chapter, no person who has
engaged in disqualifying conduct shall be eligible for a permit for a
massage technician. For purpose of this paragraph "person who has
engaged in disqualifying conduct" shall have the meaning set forth in
Section 63134.1."
Section 9. Code Amendment. Section 63135.3 ("Same, Definition") of Part 5
('Businesses, Professions, Trades and Occupations Requiring a Permit") of Chapter 3
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("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the Carson
Municipal Code is hereby amended to read as follows:
"63135.3. Same. Definition. As used in Sections 63135 to 63135.2, the term
"recognized school" means any school or institution of learning that satisfies both of the
following requirements:
(a) Provides a course of instruction in at least the following subjects: massage
techniques; anatomy; physiology; hygiene; sanitation; and theory and ethics
of massage practice, and;
(b) Requires a residence course of study of not fewer than five hundred hours and
not fewer than three months before the student may be furnished with a
diploma or certificate of graduation.
Schools offering correspondence courses not requiring actual attendance at
class shall not be deemed "recognized schools.""
Section 10. Code Amendment. Section 63135.4 ("Same, Exception") of Part 5
("Businesses, Professions, Trades and Occupations Requiring a Permit") of Chapter 3
("Business, Professions and Trades") of Article VI ("Taxes and Licenses") of the Carson
Municipal Code is hereby amended to read as follows:
"63135.4 Same, Exception. Sections 63135 to 63135.3 do not apply to the
following:
(a) Any treatment administered in good faith in the course of the practice of any
healing art personally by any person licensed to practice any such art or
profession under the provisions of the Business and Professions Code of the
State of California or any other statute of this state.
(b) Barbers and beauticians who are duly licensed under the laws of the State of
California while engaging in practice within the scope of their licenses;
provided, however, that this provision shall apply solely to the massaging of
the neck, face and scalp and, in connection with manicures and pedicures, the
hands and feet."
Section 11. Declaration of Urgency. The adoption of this Ordinance is for the
immediate preservation of the public peace, health and safety. The City has imposed
a moratorium on the establishment of massage parlors, and the acceptance or approval
of applications for subdivisions, use permits, variances, building permits, business
licenses, or any other applicable entitlement to establish a massage parlor. This
moratorium is set to expire on November 20, 1998. The City has concluded, based on
its analysis of the experience of other communities, that the existing regulations
governing massage parlors and massage technicians are inadequate to protect the
public peace, welfare and safety. Such an ordinance must be adopted and must
become effective immediately in order to ensure that massage parlors are not
conducted as brothels in disguise. Without the immediate adoption of such an
ordinance, the moratorium on massage parlors may expire prior to the enactment and
effective date of new regulations governing massage parlors and massage technicians,
which will result in the endangerment of the public peace, health and safety.
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Section 12. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part hereof is for any reason held
to be invalid, such invalidity shall not affect the validity of the remaining portions of this
Ordinance or any part hereof. The City Council of the City of Carson hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsec-
tions, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED this 17' day of November, 1998.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO FORM:
CITY AAPFORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing ordinance, being
Ordinance No. 98-1151U was duly and regularly adopted by the City Council of said City on an urgency
basis at a regular meeting of said Council, duly and regularly held on the 17th day of November, 1998,
and that the same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Fajardo, Olaes, O'Neal and Sweeney
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Calas
City Clerk, City of Carson, f alifornia
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