HomeMy Public PortalAboutOrdinance 1112ORDINANCE NO. 1112
AN ORDINANCE OF THE CITY OF BEAUMONT
APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE
PERTAINING TO THE REGULATION OF MASSAGE ESTABLISHMENTS:
AMENDING TITLE 5, CHAPTER 5.44 AND TITLE 17, CHAPTER 17.12
WHEREAS, on September 27, 2008, the Legislature adopted Senate Bill 731, which
created the California Massage Therapy Council ("CAMTC") to provide voluntary statewide
certification of massage practitioners and therapists; and
WHEREAS, Senate Bill 731 was widely criticized by local agencies as providing massage
businesses with unprecedented protection from local zoning and land use authority, and interfering
with local law enforcement efforts to close massage businesses, allowing prostitution and other
illegal activities; and
WHEREAS, on September 18, 2014, in response to this criticism, Governor Brown signed
Assembly Bill 1147 ("AB 1147"), effective January 1, 2015, which revises existing law regulating
certified massage professionals and allows local agencies to impose reasonable zoning, business
licensing, and health and safety requirements on massage establishments; and
WHEREAS, the City of Beaumont desires to protect the health, safety, and welfare of its
residents by providing for the orderly regulation of Massage Establishments, as defined herein,
and to prevent and discourage the misuse of Massage Therapy as a front for prostitution and related
activities in violation of state law; and
WHEREAS, the City of Beaumont wishes to amend portions of the Municipal Code to
ensure that the City regulates massage practitioners and massage establishments in compliance
with the provisions of AB 1147 and other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES
ORDAIN AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are
exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060
(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
SECTION 2. Severabilin. The City Council hereby declares that if any provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or
unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs,
sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable.
The City Council declares that it would have adopted this Ordinance irrespective of the invalidity
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of any particular portion thereof and intends that the invalid portions should be severed and the
balance of the Ordinance enforced.
SECTION 3. Violation of Prior Ordinances. Neither the adoption of this Ordinance nor the
repeal of any other ordinance of this City shall in any manner affect the prosecution of any
violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed
prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal
provisions applicable to any violation thereof.
SECTION 4. The City Council hereby repeals and replaces Title 5 (Business Taxes, Licenses,
and Regulations), Division II, Chapter 5.44 "Massage Establishments" as follows:
Chapter 5.44
MASSAGE ESTABLISHMENTS
Sections:
5.44.010 Purpose and Intent.
5.44.020 Definitions.
5.44.030 Certification by CAMTC Required for Practitioners.
5.44.040 Operation of Massage Establishments.
5.44.050 Permit Applications for Massage Establishments.
5.44.060 Notice to Property Owner.
5.44.070 Requirement to Amend Permit Application.
5.44.080 Permit Renewal.
5.44.090 Regulations Applicable to the Operation of Massage Establishments.
5.44.100 Massage Establishment Inspection.
5.44.110 Revocation and Suspension of Permits.
5.44.120 Legal Non -Conforming Uses.
5.44.130 Change of Business Name or Location.
5.44.140 Permits Non-transferrable.
5.44.150 Exemptions.
5.44.160 Enforcement.
5.44.170 Miscellaneous.
5.44.010 Purpose and Intent. The purpose and intent of this Chapter is to provide
for the orderly regulation of Massage Establishments, as defined herein, and to prevent and
discourage the misuse of Massage Therapy as a front for prostitution and related activities in
violation of state law. It is in the interests of the public health, safety, and welfare to provide certain
minimum building, sanitation, and operation standards for such businesses, and by requiring
certain minimum qualifications for the operators and practitioners of such businesses.
5.44.020 Definitions. For the purposes of this Chapter, unless the context clearly
requires a different meaning, the words, terms and phrases set forth shall have the following
definitions:
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(A) "Beauty Salon" shall mean any establishment having a fixed place of business
including a Sole Proprietor, firm, association, partnership, limited liability
company, corporation, joint venture, or combination thereof, that offers
hairdressing, nails, or cosmetic treatments and which offers Massage Therapy as an
accessory use, shall be deemed a Massage Establishment under this Chapter.
(A) "CAMTC" shall mean the California Massage Therapy Council as established by
the Massage Therapy Act, Chapter 10.5 of Division 2 of the Business and
Professions Code;
(B) "Certified Massage Establishment" shall mean a Massage Establishment where
each Massage Establishment Operator and each person employed or retained to
practice Massage Therapy for compensation is a Certified Massage Professional;
(C) "Certified Massage Establishment Permit" shall mean a permit required by this
Chapter to operate a Certified Massage Establishment;
(D) "Certified Massage Professional" shall mean any individual certified by the
CAMTC as a "Certified Massage Therapist" or "Certified Massage Practitioner" as
having met or exceeded the minimum educational standards established by
California Business and Professions Code sections 4600 et seq., and having passed
all background checks required by the CAMTC;
(E) "City" shall mean the City of Beaumont;
(F) "Code" shall mean the City of Beaumont Municipal Code;
(G) "Health Club" shall mean any establishment having a fixed place of business
including a Sole Proprietor, firm, association, partnership, limited liability
company, corporation, joint venture, or combination thereof, that offers any
combination of Massage Therapy and bath facilities including, but not limited to,
showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a
Massage Establishment under this Chapter
(H) "Massage Establishment" shall mean any establishment having a fixed place of
business, including a Sole Proprietor, firm, association, partnership, limited liability
company, corporation, joint venture, or combination thereof, that offers Massage
Therapy for compensation within the City. "Massage Establishment" shall include
the term "massage and/or bodywork office or establishment." Any business or
establishment that offers any combination of Massage Therapy and bath facilities
including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot
tubs, shall be deemed a Massage Establishment under this Chapter;
(I) "Massage Therapy" shall mean any method of pressure on, or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical
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(J)
electrical apparatus, or other appliances or devices, with or without such
supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder,
cream, lotion, ointment, aromatherapy or other similar preparations and techniques.
For the purposes of this Chapter, "Massage Therapy," "massage," and/or
"bodywork" will be used interchangeably;
"Mobile Massage Establishment" shall mean any business, including a Sole
Proprietor, firm, association, partnership, limited liability company, corporation,
joint venture, or combination thereof, that offers on -location (i.e. Home, Office, or
Special event) Massage Therapy for compensation within the City.
(K) "Operator" and/or "Massage Establishment Operator" shall mean any and all
owners of a Massage Establishment where the primary use of the business is for
Massage Therapy;
(L) "Operator Permit" shall mean a permit required by this Chapter to operate a
Massage Establishment that does not qualify as a Certified Massage Establishment;
(M) "Patron" shall mean an individual on the premises of a Massage Establishment for
the purpose of receiving Massage Therapy;
(N) "Person" and/or "Persons" shall include any individual, firm, association,
partnership, corporation, joint venture, limited liability company, or combination
of individuals;
(0) "Reception and Waiting Area" shall mean an area immediately inside the main
entry door of the Massage Establishment dedicated to the reception and waiting of
Patrons and Visitors of the Massage Establishment, and which is not a Massage
Therapy room or otherwise used for the provision of Massage Therapy services;
(P)
(Q)
"Sole Proprietorship" and/or "Sole Proprietor" shall mean a Massage
Establishment where the owner owns 100 percent of the business, is the only person
who provides Massage Therapy services for compensation for that business, and
has no other employees or independent contractors;
"Visitor" shall mean any individual not retained or employed by the Massage
Establishment and not receiving or waiting to receive Massage Therapy services
but excluding law enforcement personnel or governmental officials performing
governmental business.
5.44.030 Certification by CAMTC Required for Practitioners. It shall be
unlawful for any individual to practice Massage Therapy for compensation within the City unless
that individual is currently certified by the CAMTC as a Certified Massage Professional.
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5.44.040 Operation of Massage Establishments.
(A) It shall be unlawful for any person or persons to operate a Massage Establishment,
or to employ or retain a person to practice Massage Therapy for compensation,
within the City without first obtaining a Certified Massage Establishment Permit or
an Operator Permit pursuant to the requirements of this Chapter and a City Business
License.
(B) It shall be unlawful for any Massage Establishment Operator within the City to
employ or retain any person to practice Massage Therapy for compensation, or to
allow any person to perform Massage Therapy for compensation on the premises
of a Massage Establishment, unless the person is a Certified Massage Professional,
as defined in this Chapter.
For purposes of this Chapter, an Operator "employs or retains" a person to practice
Massage Therapy for compensation if:
(1) That person is a directly paid employee of the Massage Establishment; or
(2) That person is an independent contractor who receives compensation for
Massage Therapy provided to Patrons of the Massage Establishment; or
(3)
That person receives a referral of Patrons from the Massage Establishment
and, at any time before or after the referral, arranges in any way for
compensation to flow to the Massage Establishment Operator (whether or
not the parties acknowledge the same or record such compensation in their
financial records).
5.44.050 Permit Applications for Massage Establishments.
(A) Certified Massage Establishment Permit.
(1) All Operators of a Certified Massage Establishment shall file an application
for a Certified Massage Establishment Permit with the City Manager or
his/her designee. The application shall include the following information:
(a) The name, address, and telephone number of the Massage
Establishment;
(b)
The name, residence address and telephone number of the Massage
Establishment Operator(s) applying for the Certified Massage
Establishment Permit, along with a copy of a valid government
issued photo identification;
(c) The form of business under which the Operator(s) will be
conducting the Massage Establishment, i.e. corporation, general or
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limited partnership, limited liability company or other form. If the
Operator is a corporation, the name of the corporation shall be set
forth exactly as shown in its articles of incorporation, together with
the names and residence address(es) of each of its officers, directors,
and each shareholder holding more than ten percent (10%) of the
stock of the corporation. If the Operator is a general or limited
partnership, the application shall set forth the name and residence
address of each of its members. If one (1) or more of the members
is a partnership, limited liability company, or corporation, the
provisions of this section pertaining to partnership, limited liability
company, or corporate Operator shall apply, as applicable;
(d) The name and address of the owner of the real property upon, in, or
from which the Certified Massage Establishment is to be operated.
In the event the Operator is not the legal owner of the property, the
application shall be accompanied by a copy of a written and signed
lease between the Operator and the property owner authorizing use
of the premises as a Massage Establishment, or, if no written lease
exists, a written, notarized acknowledgement from the property
owner that the property owner has been advised that a Massage
Establishment will be operated upon, in, or from the property;
(e) A description of the proposed Massage Establishment, including the
type of treatments to be administered;
(f) The name of each person that the Massage Establishment employs
or retains to perform Massage Therapy;
(g)
For each person that the Massage Establishment does or will employ
or retain to perform Massage Therapy for compensation, a copy of
that person's current CAMTC certification as a Certified Massage
Practitioner or Certified Massage Therapist, and a copy of that
person's current CAMTC-issued identification card;
(h) For each Operator of the Certified Massage Establishment, a copy
of that person's current CAMTC certification as a Certified Massage
Practitioner or Certified Massage Therapist, and a copy of that
person's current CAMTC-issued identification card.
(2) Any application for a Certified Massage Establishment Permit shall be
accompanied by a fee to be set by resolution.
(3) Within thirty (30) days following receipt of a completed permit application,
the City Manager or his/her designee shall grant a Certified Massage
Establishment Permit to an Operator who has satisfied the requirements of
this section and all other applicable laws, including but not limited to, the
City's building, zoning, business, and health regulations. The permit shall
include, but not be limited to, the name of the Massage Establishment, the
address of the Massage Establishment, the name(s) of the Operator(s) of the
Massage Establishment, the date of issuance of the permit, the date of
expiration of the permit, the permit number, a listing of the Certified
Massage Professionals registered and authorized to perform Massage
Therapy for the Massage Establishment, and a listing of any other persons
employed or retained to work in any other capacity on the premises.
(B) Operator Permit.
(1) All Operators of a Massage Establishment that does not qualify as a
Certified Massage Establishment shall file an application for an Operator
Permit with the City Manager or his/her designee. The application shall
include the following information:
(a) The name, address, and telephone number of the Massage
Establishment;
(b)
The name, residence address and telephone number of the Massage
Establishment Operator(s) applying for the Certified Massage
Establishment Permit, along with a copy of a valid government
issued photo identification;
(c) The form of business under which the Operator(s) will be
conducting the Massage Establishment, i.e. corporation, general or
limited partnership, limited liability company or other form. If the
Operator is a corporation, the name of the corporation shall be set
forth exactly as shown in its articles of incorporation, together with
the names and residence address(es) of each of its officers, directors,
and each shareholder holding more than ten percent (10%) of the
stock of the corporation. If the Operator is a general or limited
partnership, the application shall set forth the name and residence
address of each of its members. If one (1) or more of the members
is a partnership, limited liability company, or corporation, the
provisions of this section pertaining to partnership, limited liability
company, or corporate Operator shall apply, as applicable;
(d) The name and address of the owner of the real property upon, in, or
from which the Massage Establishment is to be operated. In the
event the Operator is not the legal owner of the property, the
application shall be accompanied by a copy of a written and signed
lease between the Operator and the property owner authorizing use
of the premises as a Massage Establishment, or, if no written lease
exists, a written, notarized acknowledgement from the property
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owner that the property owner has been advised that a Massage
Establishment will be operated upon, in, or from the property;
A description of the proposed Massage Establishment, including the
type of treatments to be administered;
The name of each person that the Massage Establishment employs
or retains to perform Massage Therapy;
For each person that the Massage Establishment does or will employ
or retain to perform Massage Therapy, a copy of that person's
current CAMTC certification as a Certified Massage Practitioner or
Certified Massage Therapist, and a copy of that person's current
CAMTC-issued identification card;
(h) Whether any license or permit has ever been issued to the
Operator(s) by any jurisdiction under the provisions of any
ordinance or statute governing massage or somatic practice, and as
to any such license or permit, the name and address of the issuing
authority, the effective dates of such license or permit, whether such
license or permit was ever suspended, revoked, withdrawn, or
denied; and copies of any documentary materials relating to such
suspension, revocation, withdrawal, or denial;
(i)
Whether the Operator(s) has within the five (5) years immediately
preceding the date of application, been convicted in any state of a
felony, or any crime of, or related to, prostitution, along with the
jurisdiction of the conviction and charges of which the Operator(s)
was convicted;
(j) Whether the Operator(s) is currently required to register under the
provisions of Section 290 of the California Penal Code or any
similar mandatory registration law from another state or federal
jurisdiction;
(k) The Operator(s)' business, occupation, and employment history for
five (5) years preceding the date of application, and the inclusive
dates of same;
(1) One (1) set of fingerprints for each Operator in a form satisfactory
to the City Manager or his/her designee. The fingerprints shall be
taken at a place designated by the City Manager or his/her designee,
and any required fee for such fingerprinting shall be paid by the
Operator;
(m)
Such other information as may be required by the City Manager or
his/her designee to determine compliance with any other eligibility
requirements for issuance of the permit as specified by federal, state,
or local law. The City Manager or his/her designee shall waive
requirements of subsections (h) through (m) of this section for an
Operator who is also a Certified Massage Professional, provided that
they provide a copy of their CAMTC certification as a Certified
Massage Practitioner or Certified Massage Therapist, and a copy of
their CAMTC-issued identification card.
(2) Any application for an Operator Permit shall be accompanied by a fee to be
set by resolution.
(3) Within thirty (30) days following receipt of a completed permit application,
the City Manager or his/her designee shall grant an Operator Permit for the
Massage Establishment if the Massage Establishment Operator(s) have
satisfied the requirements of this section and all other applicable laws,
including, but not limited to, the City's building, zoning, business, and
health regulations, unless the City Manager or his/her designee determines
any or more of the following to be true:
(a) The Operator, or any shareholder, partner, or member of the
Operator, within five (5) years immediately preceding the date of
filing the application, has been convicted in a court of competent
jurisdiction of any offense that relates directly to the operation of a
Massage Establishment, whether as a Massage Establishment owner
or operator, or as a person practicing Massage Therapy for
compensation, or as an employee of either; or has at any time been
convicted in a court of competent jurisdiction of any felony, the
commission of which occurred on the premises of the Massage
Establishment; or
(b)
The Operator(s) is currently required to register under the provisions
of Section 290 of the California Penal Code law or any similar
mandatory registration from another state or federal jurisdiction; or
(c) The Operator, or any shareholder, partner, or member of the
Operator, within five (5) years of the date of application, has been
convicted in a court of competent jurisdiction of any violation of
Section 266, 266a, 266e, 266g, 266h, 266i, 266j, 315, 316, 318,
647(b), and/or 653.22 of the California Penal Code, or conspiracy
or attempt to commit any such offense, or any offense in a
jurisdiction outside of the State of California that is the equivalent
of the aforesaid offenses; or
(d) The Operator, or any shareholder, partner, or member of the
Operator, has been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to Section 11225
through 11235 of the California Penal Code, or any similar
provisions of law in a jurisdiction outside of the State of California;
or
(e) The Operator(s), if an individual, has not attained the age of eighteen
(18) years; or
(f)
(g)
The Operator, or any shareholder, partner, or member of the
Operator, has knowingly made a false statement or omission of a
material fact in the application for the permit; or
The Operator, or any shareholder, partner, or member of the
Operator, within five (5) years immediately preceding the date of
filing the application, has had a permit or license to practice
Massage Therapy for compensation or to own and/or operate a
Massage Establishment revoked or denied in any jurisdiction.
The permit shall include, but not be limited to, the name of the Massage
Establishment, the address of the Massage Establishment, the names of the
Operator(s) of the Massage Establishment, the date of issuance of the permit, the
date of expiration of the permit, the permit number, a listing of the Certified
Massage Professionals registered and authorized to perform Massage Therapy for
the Massage Establishment, and a listing of any other persons employed or retained
to work in any other capacity on the premises.
(C) Denial of Permit Application.
(1) If a Certified Massage Establishment Permit or an Operator Permit is
denied, the City Manager or his/her designee shall serve on the Operator(s)
a written notice of denial specifying the grounds for the denial and of the
right to request a hearing in regard thereto.
(2) The Operator(s) shall have the right to appeal from a decision by the City
Manager or his/her designee to deny a Certified Massage Establishment
Permit or an Operator Permit by filing with the City Clerk a written notice
of appeal, specifying the grounds for such appeal, within ten (10) days after
the decision has been served on the Operator(s). Such appeal shall be heard
by the City Council within ninety (90) days after the notice of appeal is
received by the City Clerk. The Operator(s) shall be given not less than
fifteen (15) days written notice of the date, time and location of appeal
hearing. The City Council shall consider all relevant evidence at the
hearing, may continue the hearing, and may require evidence and legal
briefing as the Council determines may be helpful in addressing issues
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raised by the appeal. Not more than sixty (60) days following the conclusion
of the hearing, the City Council shall issue a written decision as to whether
the application shall be granted or denied. The written decision shall be
served on the Operator(s) as provided in Code of Civil Procedure Section
1094.6, with a copy served on the City Manager or his/her designee. The
written decision of the City Council shall be final and shall only be subject
to judicial review according to the provisions and time limits set forth in
Code of Civil Procedure Section 1094.6.
5.44.060. Notice to Property Owner. Where the Operator for a Certified Massage
Establishment Permit or Operator Permit is not the record owner as shown on the latest county
recorder's official records for the property upon, in, or from which the Massage Establishment is
to be operated, then upon issuance of the permit, the City Manager or his/her designee may send a
written notice to the property owner advising of the issuance of the permit and of the regulations
applicable to the Massage Establishment and the property pursuant to this Chapter. Any other
notices sent to the Operator pursuant to this Chapter at any time before or after the issuance of the
permit may also be sent to the property owner.
5.44.070. Requirement to Amend Permit Application. Whenever the information
provided in the application for a Certified Massage Establishment Permit or Operator Permit on
file with the City changes (e.g. a change in employees), the Operator shall, within ten (10) business
days after such change, file an amendment to the permit application with the City Manager or
his/her designee. The amendment shall be accompanied by a fee set by resolution. It shall be a
violation of this Chapter for an Operator to allow, and person to perform, Massage Therapy for
compensation on the premises of a Massage Establishment unless and until an amended permit has
been issued by the City Manager or his/her designee.
5.44.080. Permit Renewal. A Certified Massage Establishment Permit or
Operator Permit issued pursuant to the terms of this Chapter shall be valid for a term of one (1)
year from the date of issuance. A permit that has not expired and has not been suspended or
revoked pursuant to Section 5.44.110 "Revocation and Suspension of Permits" may be renewed
for another one-year period, on submittal of a written application and payment of an application
fee to be set by resolution.
5.44.090. Regulations Applicable to the Operation of MassaE„e Establishments.
(A) Operational Requirements. Except as otherwise specifically provided in this
Chapter, the following operational requirements shall be applicable to all Massage
Establishments located within the City:
(1)
Massage Establishments shall comply with all applicable Code
requirements, including, but not limited to, obtaining a business license.
(2) No Massage Establishment shall be open for business between the hours of
8:00 p.m. and 9:00 a.m. A massage begun any time before 8:00 p.m. must
nevertheless terminate at 8:00 p.m. The hours of operation shall be
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(3)
displayed in a conspicuous place in the Reception and Waiting Area and in
any front window clearly visible from outside of the Massage
Establishment. Patrons shall be permitted in the Massage Establishment
only during the hours of operation.
During the hours of operation, Patrons shall be permitted in Massage
Therapy rooms only if at least one (1) duly authorized Certified Massage
Professional is present on the premises of the Massage Establishment.
Patrons shall not be permitted in any employee break room.
(4) During the hours of operation, Visitors shall not be permitted in any
Massage Therapy room except:
(5)
(a) As a parent or guardian of a Patron who is a minor child;
(b) As a minor child of a Patron where necessary for the supervision of
the child; or
(c) As a conservator, aid, or other caretaker of a Patron who is elderly
or disabled.
Except as otherwise provided herein, Visitors shall not be permitted in
Massage Therapy rooms, break rooms, dressing rooms, showers, or any
other room or part of the Massage Establishment premises other than the
Reception and Waiting Area or the restroom.
(6) A list of services, the length of services, and the cost of such services shall
be posted in an open and conspicuous public place on the premises or
provided to Patrons before services are rendered. No Massage
Establishment Operator shall permit, and no person employed or retained
by the Massage Establishment shall perform or offer to perform, any
services or request or demand any fees other than those posted.
(7)
Each Massage Establishment shall require all Patrons to sign in before
receiving service with their full name and the date of their visit. Each
Massage Establishment shall post in the Reception and Waiting Area a
notice containing the following text in upper case two -inch -high letters:
"SOLICITATION OF PROSTITUTION IS A CRIME IN THE STATE OF
CALIFORNIA AND WILL BE REPORTED TO LAW
ENFORCEMENT." Any person practicing Massage Therapy in the
Massage Establishment shall be required to notify the Beaumont Police
Department of a Patron who solicits or attempts to solicit prostitution at the
Massage Establishment.
(8) Each holder of a Certified Massage Establishment Permit or Operator
Permit shall display that permit in an open and conspicuous place on the
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premises visible from the entrance and/or Reception and Waiting Area of
the Massage Establishment. Any person who practices Massage Therapy
shall carry with them their CAMTC issued certification card at all times
while on the premises of a Massage Establishment for the purpose of
practicing Massage Therapy.
(B) Physical Facility and Building Code Requirements. Except as otherwise
specifically provided in this Chapter, the following physical and building code
requirements shall be applicable to all Massage Establishments located within the
City-
(1) One main entry door shall be provided for Patron entry to the Massage
Establishment, which shall open to an interior Reception and Waiting Area.
All Patrons and any persons other than individuals employed or retained by
the Massage Establishment shall be required to enter and exit through the
main entry door. Unless the Massage Establishment is a Sole Proprietorship
or employs or retains only one employee, the main entry door shall be
unlocked at all times during business hours.
(2) 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.
(3)
Minimum lighting equivalent to at least one (1) 40-watt light shall be
provided in each Massage Therapy room or cubicle.
(4) A minimum of one ADA compliant and handicap accessible toilet and
washbasin shall be provided in every Massage Establishment.
(5)
A massage table shall be used for all Massage Therapy, with the exception
of "Thai," "Shiatsu," and similar forms of Massage Therapy, which may be
provided on a padded mat on the floor, provided the Patron is fully clothed.
Massage Therapy tables shall have a minimum height of eighteen (18)
inches.
(6) Beds, floor mattresses, and waterbeds are not permitted on the premises of
the Massage Establishment, and no Massage Establishment shall be used
for residential or sleeping purposes.
(7)
All locker facilities that are provided for the use of Patrons shall be fully
secured for the protection of the Patron's valuables, and each Patron shall
be given control of the key or other means of access.
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(8) Minimum ventilation shall be provided in accordance with the Building
Code of the City.
(9) All restrooms or washbasins shall be provided with hot and cold running
water, soap, and single -service towels in wall -mounted dispensers.
(10) The Massage Establishment shall comply with all applicable state and local
building standards and requirements, and the fire code.
(11) Except as otherwise provided in the Code, all plumbing and electrical
installations shall be installed under permit and inspection of the building
inspection department and such installations shall be installed in accordance
with the California Building Code and the California Plumbing Code.
(C) Health and Safety Requirements. Except as otherwise specifically provided in
this Chapter, the following health and safety requirements shall be applicable to all
Massage Establishments located within the City:
(1) The Massage Establishment shall at all times be equipped with an adequate
supply of clean, sanitary towels, coverings, and linens, and all massage
tables shall be covered with a clean sheet or other clean covering for each
Patron. After a towel, covering, or linen has been used once, it shall be
deposited in a closed receptacle, and not used again until properly laundered
and sanitized. Clean towels, coverings, and linens shall be stored in closed,
clean cabinets when not in use. Heavy white paper may be used in lieu of
towels, coverings, or linen, provided that the paper is used once for each
Patron and then discarded into a sanitary receptacle.
(2) All Massage Therapy rooms or cubicles, wet and dry heat rooms, restrooms,
shower compartments, hot tubs, and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each business day when the
premises have been or will be open and such facilities are in use. All
bathtubs shall be thoroughly cleaned and disinfected after each use.
(3)
The walls in all rooms where water or steam baths are given shall have
washable, mold -resistant surfaces.
(4) All liquids, creams, or other preparations used on or made available to
Patrons shall be kept in clean and closed containers, and according to the
instructions for storage and use. Powders may be kept in clean shakers. All
bottles and containers shall be distinctly and correctly labeled to disclose
their contents. When only a portion of a liquid, cream, or other preparation
is to be used on or made available to a Patron, it shall be removed from the
container in such a way so as to not contaminate the remaining portion.
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(5)
Disinfecting agents and sterilizing equipment shall be provided for any
instruments used in performing acts of Massage Therapy and said
instruments shall be disinfected and sterilized after each use.
(6) Pads used on massage tables shall be covered with durable, washable plastic
or other acceptable waterproof material.
(7) All bathrobes, bathing suits, and/or other garments that are provided for the
use of Patrons shall be either fully disposable and not used by more than
one (1) Patron or shall be laundered after each use.
(8) All combs, brushes, and/or other personal items of grooming or hygiene that
are provided for the use of Patrons shall be either fully disposable and not
used by more than one (1) Patron or shall be fully disinfected after each use.
(9)
No Patrons shall be allowed to use any shower facilities of the Massage
Establishment unless such Patrons are wearing slip -resistant sandals or flip-
flops while in the shower compartment. All footwear such as sandals or flip-
flops that are provided for the use of Patrons shall be either fully disposable
and not used by more than one (1) Patron or shall be fully disinfected after
each use.
(10) The Patron's genitals, pubic area, anus, and areola must be fully covered at
all times while any individual employed or retained by the Massage
Establishment to practice Massage Therapy for compensation, or any other
employee or Operator of the Massage Establishment, is in the Massage
Therapy room or cubicle with the Patron. No Massage Therapy shall be
provided to a Patron that results in contact with genitals, pubic area, anus,
or areola of the Patron.
(11) No alcoholic beverages shall be sold, served, or furnished to any Patron; nor
shall any alcoholic beverages be kept, possessed, or consumed on the
premises of the Massage Establishment.
(D) Attire and Physical Hygiene Requirements. The following attire and physical
hygiene requirements shall be applicable to all employees and any other persons
who work permanently or temporarily on the premises of the Massage
Establishment within the City, including, but not limited to, all persons who are
employed or retained to practice Massage Therapy or bodywork for the Massage
Establishment:
(1) No person shall dress in:
(a) attire that is transparent, see -through, or substantially exposes the
person's undergarments;
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(b) swim attire, unless providing a water -based massage modality
approved by the CAMTC;
(c) a manner that exposes the person's breasts, buttocks, or genitals;
(d) a manner that constitutes a violation of Section 314 of the California
Penal Code.
(2) No Massage Establishment Operator, employee, or Visitor shall, while on
the premises of a Massage Establishment and while in the presence of any
Patron, customer, employee or Visitor, expose his or her pubic areas, areola,
breasts, buttocks, or genitals.
(3)
All persons shall thoroughly wash their hands with anti -bacterial soap and
water or any equally effective cleansing agent immediately before
providing Massage Therapy to a Patron. No Massage Therapy shall be
provided upon a surface of the skin or scalp of a Patron where such skin is
inflamed, broken (e.g. abraded or cut), or where a skin infection or eruption
is present.
5.44.100. Massage Establishment Inspection.
(A) Any and all investigating officials of the City shall have the right to enter Massage
Establishments from time to time during regular business hours to make reasonable
inspections and observe and enforce compliance with building, fire, electrical,
plumbing or health regulations, and this Code. A warrant shall be obtained
whenever required by law.
(B) The Massage Establishment Operator shall take immediate action to correct each
violation noted by the investigating official. A re -inspection will be performed
within thirty (30) days to ensure that each violation noted by the investigating
official has been corrected.
5.44.110. Revocation and Suspension of Permits. In addition to any other
remedy available to the City under this Code or state law, a Certified Massage Establishment
Permit or Operator Permit may be suspended or revoked by the City Manager or his/her designee.
Upon suspension or revocation, the Massage Establishment shall immediately cease operation. If
so ordered by the City Manager or his/her designee, no other Massage Establishment shall be
permitted to operate at that location by any person for a period of not less than one (1) year. If the
Operator is not also the legal owner of the real property on which the Massage Establishment is
situated, notice of such suspension or revocation and the one-year prohibition, if any, shall be
provided by the City Manager or his/her designee to the owner of record of the property as shown
on the latest county recorder's official records.
Notwithstanding any other provision of this Chapter, where a notice of revocation or
suspension has been issued to the Operator of a Massage Establishment, the City Manager or
his/her designee shall not process or grant an application for a Certified Massage Establishment
Permit or Operator Permit for a new Massage Establishment at the same premises unless and until
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such notice is dismissed, or a final determination is made that the permit is not or should not be
revoked or suspended, or any prohibition period has expired.
(A) Grounds for Revocation and Suspension.
All Massage Establishment Operators shall be deemed to know and understand the
requirements and prohibitions of this Chapter. The Massage Establishment Operator shall be
responsible for the conduct of all Massage Establishment employees, agents, independent
contractors, and other representatives, while on the premises of the Massage Establishment.
Any Certified Massage Establishment Permit or Operator Permit may be suspended or
revoked by the City Manager or his/her designee after a hearing, where it is found by a
preponderance of the evidence that any of the following have occurred, on even a single occasion:
(1) The person(s) to whom the Certified Massage Establishment Permit or
Operator Permit was issued, or any person employed or retained by the
Massage Establishment, has been found to have violated any provision of
this Chapter; or
(2) Any owner of a Massage Establishment which is operating pursuant to a
Certified Massage Establishment Permit is no longer qualified as a Certified
Massage Professional; or
(3)
The permittee or any person employed or retained by the Massage
Establishment has been convicted in a court of competent jurisdiction of
having violated, or has engaged in conduct constituting a violation of
California Penal Code Section266, 266a, 266e, 266f, 266g, 266h, 266i,
266j, 315, 316, 647(b), or 653.22, or conspiracy or attempt to commit any
such offense, or any offense in a jurisdiction outside of the State of
California that is the equivalent of any of the aforesaid offenses; or
(4) The permittee or any person employed or retained by the Massage
Establishment is required to register under Section 290 of the California
Penal Code; or
(5)
The permittee has been subject to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to this Code, or Section
11225 through 11235 of the California Penal Code, or any similar provision
of law in any jurisdiction outside of the State of California; or
(6) The permittee or any person employed or retained by the Massage
Establishment has engaged in fraud or misrepresentation or has knowingly
made a misstatement of material fact while working in or for the Massage
Establishment; or
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(7)
(8)
(9)
The permittee has continued to operate the Massage Establishment after the
Certified Massage Establishment Permit or Operator Permit has been
suspended; or
Massage Therapy is or has been performed on the premises of the Massage
Establishment, with or without the permittee's actual knowledge, by any
person who is not a duly authorized Certified Massage Professional; or
There have been one or more acts prohibited under California Penal Code
Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318,
647(b), or 653.22 taking place on the premises of the Massage
Establishment, whether or not any criminal prosecution has been pursued
or conviction obtained for such acts, and whether or not they occurred with
or without the actual knowledge of the permittee; or
(10) Any person employed or retained by the Massage Establishment engages in
conduct prohibited by the CAMTC in section 4609 of the California
Business and Professions Code; or
(11) The permittee or any person employed or retained by the Massage
Establishment, or any other person on the premises of the Massage
Establishment, has engaged in conduct or committed acts that a reasonable
person in the Patron's position would understand as an offer to perform on
or engage in with the Patron acts that are sexual in nature or that involve
touching of the patron's genitals, pubic area, anus, and/or areola.
(B) Notice of Revocation or Suspension.
The City Manager or his/her designee, before revoking or suspending any Certified
Massage Establishment Permit or Operator Permit, shall provide the Operator with written notice
of the alleged grounds for suspension or revocation and of a right to request a hearing in regards
thereto.
(C) Hearing and Appeal.
The Operator(s) shall have the right to appeal from a decision by the City Manager or
his/her designee to suspend or revoke a Certified Massage Establishment Permit or an Operator
Permit by filing with the City Clerk a written notice of appeal, specifying the grounds for such
appeal, within ten (10) days after the decision has been served on the Operator(s). Such appeal
shall be heard by the City Council within ninety (90) days and with not less than fifteen (15) days
written notice to the Operator(s) of the date, time and location of the hearing. The City Council
shall consider all relevant evidence at the hearing, may continue the hearing, and may require such
evidence and legal briefing as may be helpful in addressing issues raised by the appeal.
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(D) Notice of Decision.
Within a reasonable time, but not more than sixty (60) days following the conclusion of
the hearing, the City Council shall issue a written decision as to whether the permit shall be revoked
or suspended. The written decision shall be served on the permit holder as provided in Code of
Civil Procedure section 1094.6, with a copy submitted to the City Clerk and City Attorney. The
written decision shall be final and subject to judicial review according to the provisions and time
limits set forth in Code of Civil Procedure section 1094.6.
5.44.120. Legal Non -Conforming Uses. Notwithstanding any provision to the
contrary in this Code, including Title 17, Chapter 17.08 "Non -Conforming Uses," any Massage
Establishment legally operating within the City prior to execution of this Chapter shall have one
(1) year to come into compliance with the same.
5.44.130. Change of Business Name or Location. No person permitted to
operate a Massage Establishment under this Chapter shall operate under any name or conduct
business under any designation not specified in the Certified Massage Establishment Permit or
Operator Permit and City business license. Upon change of location of a Massage Establishment
where there is no change in Massage Establishment Operator(s), an application for an amended
Certified Massage Establishment Permit or Operator Permit shall be filed with the City Manager
or his/her designee, and such application shall be granted, provided all applicable provisions of
this Chapter are complied with as to the new location.
5.44.140. Permits Non-transferrable. Certified Massage Establishment Permits and
Operator Permits are non -transferable. Upon a sale or transfer of any Massage Establishment, or
upon the sale or transfer of some or all of the interest of any Massage Establishment Operator to a
person who is not already an Operator of the Massage Establishment, a new Certified Massage
Establishment Permit or Operator Permit shall be required.
5.44.150. Exemptions. This Chapter shall not apply to the following classes of
individuals while engaged in the performance of the duties of their respective professions:
(A) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists,
nurses, or any other person licensed to practice any healing art under the provisions
of Division 2 of the Business and Professions Code when engaging in such practice
within the scope of his or her license.
(B) Trainers of any amateur, semi-professional, or professional athlete or athletic team,
so long as such persons do not practice Massage Therapy as their primary
occupation at any location where they provide such services within the City.
(C) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of
the State of California, while engaging in practices within the scope of their
licenses.
(D) Individuals in the City temporarily for educational events or disaster relief.
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(E) Somatic practitioners who use no physical touch of any kind at any time in their
practice.
(F) Enrolled students of a CAMTC approved school of massage when they are
performing massage within the City as part of a formal supervised internship or
training program operated by the school, without compensation other than school
credit, on the premises of a Massage Establishment duly authorized to operate
pursuant to the terms of this Chapter; and provided that the Massage Establishment
Operator has first notified the City Manager or his/her designee in writing of the
name, residence address, and school of the students, and dates of the training.
5.44.160. Enforcement.
(A) Any Massage Establishment operated, conducted, or maintained contrary to the
provisions of this Chapter shall be, and is hereby declared to be, unlawful and a
public nuisance, and the City may, in addition to or in lieu of prosecution in a
criminal action under this Chapter, commence an action or actions, proceeding or
proceedings for the abatement, removal, and enjoinment thereof, in the manner
provided by law, and shall take such other steps, and shall apply to such courts or
court as may have jurisdiction to grant such relief as will abate or remove such
Massage Establishment, and restrain and enjoin any person from operating,
conducting, or maintaining a Massage Establishment contrary to the provisions of
this Chapter. Such remedies shall be in addition to any other judicial or
administrative remedies available to the City under the City Code or state law.
(B) Unless otherwise exempted by the provisions of this Chapter, every person, whether
acting as an individual, Operator, employee of or person retained by the Operator,
or whether acting as a mere helper for the Operator, or whether acting as a
participant or worker in any way, who practices Massage Therapy or Operates a
Massage Establishment in violation of this Chapter, shall be guilty of a
misdemeanor, punishable by up to six (6) months in county jail and/or a fine of up
to $1,000.00; however, the City attorney may reduce the penalty to an infraction as
follows:
$100.00 for the first offense;
$200.00 for the second offense; and
$1,000.00 for each offense thereafter.
(C) Each violation of this Chapter shall constitute a separate violation and each
violation may be charged as a separate count in the event of administrative or
criminal enforcement action.
5.44.170. Miscellaneous. See Title 17, Table 17.03-3, for zoning allowances.
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SECTION 5. Title 17 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.020
(Definitions), Subsection H "Massage Parlor" of the City Code is deleted in its entirety.
SECTION 6. Title 17 (Zoning), Chapter 17.12 (Adult Entertainment), Section 17.12.030
"Prohibition" of the City Code is amended to read as follows:
No person shall cause or permit the establishment, substantial
expansion of an Adult Arcade, Adult Bookstore, Adult Cabaret,
Adult Motel, Adult Motion Picture Theater, Adult Theater, or sexual
Encounter Establishment within one thousand (1,000) feet of
another such business, or within one thousand (1,000) feet of any
religious institution, school or public park within the City of
Beaumont, or within six hundred (600) feet of any property zoned
for residential use or used for residential property, or within three -
hundred (300) feet of any property zoned for commercial purposes.
Under no circumstances shall a "Massage Establishment" as defined
in 5.44.020 be considered an "Adult Entertainment Business."
SECTION 7. The first paragraph of Title 17 (Zoning), Chapter 17.12 (Adult Entertainment),
Section 17.12.060 "Signs" is amended to read as follows:
In addition to the sign regulation contained elsewhere in Title 17,
the following restrictions shall apply to all premises used for an
adult arcade, adult bookstore, adult cabaret, adult motel, adult
motion picture theater, or sexual encounter establishment:
SECTION 8. Effective Date and Publication. The Mayor shall sign and the City Clerk shall
certify to the passage of this Ordinance and cause the same or a summary thereof to be published
within 15 days after adoption in accordance with Government Code Section 36933. This
Ordinance shall take effect 30 days after adoption in accordance with Government Code Section
36937.
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NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont, California,
approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the
City Council of the City of Beaumont, California, held on the 15th day of October 2019, by the
following roll call vote:
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Beaumont, California, held on the 5th day of November 2019.
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
Julio M
Attest:
&z, Mayor
Steven Mehlman, City Clerk
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Approved as to form:
,-JohnPinkne ' rty Attorney