Loading...
HomeMy Public PortalAbout98-1151U 04 .c$ON,�� ya 1 uv�i1N'` 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: CARSON Page 1 of 8 ORDINANCE NO. 98-11 51 U 38000930 trb 1391023.U3131 "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: CITY OF CARSON Page 2 of 8 ORDINANCE NO. 98-1151U 981110 C1380-00930 Ub 1391023.U3(3) mmmmmall (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 CITY OF CARSON Page 3 of 8 ORDINANCE NO. 98-1151U 981110 C1380-00930 irb 1391023.U3(3) 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, CITY OF CARSON Page 4 of 8 ORDINANCE NO. 98-1151U 981 110 C1380-009301,b 1391023.U3(3) 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. CITY OF CARSON Page 5 of 8 ORDINANCE NO. 98-1151U 981110 C1380-00930 trb 1391023.U3(3) (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 CITY OF CARSON Page 6 of 8 ORDINANCE NO. 98-1151U 981110 C1380-00930 trb 1391023.U3(31 ("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. CITY OF CARSON Page 7 of 8 ORDINANCE NO. 98-1151 U 98111 O C1 3 80-00 930 trb 1391023.U3 131 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 CITY OF CARSON Page 8 of 8 ORDINANCE NO. 98-1151 U 981110 C1380-00930 trb 1391023.U3(3)