HomeMy WebLinkAboutOrdinance #3844 ORDINANCE NO. 3844
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO MASSAGE ESTABLISHMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.24.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.010 Definitions. Unless the particular provision or the context otherwise requires, the
definitions and provisions contained in this section shall govern the construction, meaning and
application of words and phrases used in this chapter.
(a) "Massage" or"massage therapy"means 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 or electrical apparatus or appliance, or with or without
supplementary aids such as rubbing alcohol, liniment, antiseptic, oil,powder,
cream, ointment, or other similar preparations commonly used in this practice.
(b) "Massage establishment" means any establishment having a fixed place of
business where any individual, firm, association, partnership, corporation, or
combination of individuals, engages in, conducts, carries on or permits to be
engaged in, conducted or carried on, massages, baths, or health treatments
involving massage or baths.
(c) "Massage therapist," "bodyworker," "bodywork therapist," or"massage and
bodywork therapist"means a person who is certified by the Massage Therapy
Organization under Subdivision(c) of Section 4601 of the California Business
and Professions Code, and who administers massage for compensation.
(d) "Massage practitioner," "bodywork practitioner," or"massage and bodywork
practitioner"means a person who is certified by the Massage Therapy
Organization under Subdivision(b) of Section 4601 of the California Business
and Professions Code, and who administers massage for compensation.
(e) "Organization"means the Massage Therapy Organization created pursuant to
Sections 4600-4620 of the California Business and Professions Code.
(f) For purposes of this Chapter, the terms "massage"and"bodywork" shall have the
same meaning.
(g) "Owner"means the individual(s) whose name appears on the City of Huntington
Beach business license.
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Ordinance No. 3844
(h) "Operator"means the individual who manages the massage establishment.
Evidence of management includes but is not limited to evidence that the
individual has power to direct or hire and dismiss employees, control hours of
operation, create policy or rules or purchase supplies. An operator may also be an
owner.
(i) "Certified" shall mean any valid certificate issued in accordance with Sections
2600 through 4620 of the California Business and Professions Code.
(j) "Compensation" shall mean the payment, loan, advance, donation, contribution,
deposit, or gift of money or anything of value.
SECTION 2. Section 5.24.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.020 Massage certification required. It shall be unlawful for any person,
association, partnership, corporation or other entity to engage in, conduct or carry on,
permit to engage in, in or upon any premises within the City of Huntington Beach the
business of providing massages in exchange for compensation without being currently
certified as a massage practitioner or massage therapist by the California Massage
Therapy Organization in accordance with Sections 4600 through 4620 of the California
Business and Professions Code. Certification by the Massage Therapy Organization must
be obtained by March 1, 2010.
SECTION 3. Section 5.24.030 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.24.030 Massage establishment or services—Business License required.
(a) Any person, association, corporation,partnership or other entity desiring to operate a
massage establishment or provide massage services shall apply for a business license
and provide the following relevant information:
1. Full name of certificate holder
2. Date of birth
3. State issued identification number(if applicable)
4. Social Security Number
5. Home address and phone number
6. Work address and phone number
7. Color photograph of the certificate holder
8. Proof of State certification for those who will provide massage services
(b) Prior to submitting the massage business license application,the fees as established
by resolution of the City Council shall be paid to the City of Huntington Beach.
(c) The application for the massage business license does not authorize operation of a
massage establishment or performing massage services until the business license is
issued.
(d) It shall be the responsibility of each massage business owner or operator to file copies
or provide other evidence of the certificates held by the persons who are providing
massage services at the business.
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Ordinance No. 3844
(e) It shall be the responsibility of each massage business owner or operator to notify the
City of any intention to rename, change management, or convey the business to
another person.
SECTION 4. Section 5.24.040 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 5. Section 5.24.050 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 6. Section 5.24.060 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 7. Section 5.24.070 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 8. Section 5.24.090 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 9. Section 5.24.100 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 10. Section 5.24.110 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 11. Section 5.24.125 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 12. Section 5.24.130 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 13. Section 5.24.150 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.24.150 Exemptions. Exemptions do not apply to independent contractors of the listed
exempted professionals. The provisions of this chapter shall not apply to the following
classes of individuals or groups while engaged in or performing the duties of their
respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical
therapists duly licensed to practice in the state of California.
(b) Hospitals, nursing homes, sanitariums; or other health care facilities duly licensed by
the state of California,provided that at all times such physicians, surgeons,
chiropractors, osteopaths and physical therapists are acting in adherence with the
provisions of the state law which govern this field.
(c) Registered or licensed vocational nurses duly registered by the state of California.
(d) Barbershops and beauty parlors, barbers and beauticians but only when engaged in
the practice for which they are licensed by the state of California i.e., massage above
the neck and shoulders, hands and arms and below the knee.
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Ordinance No. 3844
(e) Accredited high schools and colleges, and coaches and trainers employed therein
while acting within the scope of their employment.
(f) Trainers of any amateur, semi-professional or professional athlete or athletic team.
(2395-11/79)
(g) No employed or independent contractor massage technician may administer massage
or otherwise treat or care for patients other than patients of the practitioner and those
patients must have been prescribed massage therapy by a practitioner listed in this
section prior to the administration of the massage therapy.
(h) Physical Therapist students, and Massage Therapist students earning practical hours
for school/education, and who are currently enrolled in a licensed program for
Physical Therapy, through a recognized school/education center, can work, under the
direct supervision of an exempted professional as defined in this section. Direct
supervision means that an exempted professional, as defined in this section, must be
present at all times when a student is performing their duties.
SECTION 15. Section 5.24.160 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.24.160 Massage establishment—Facilities. Every massage establishment shall
maintain facilities meeting the following requirements:
(a) Sign- subject to applicable provisions of the City's codes, a recognizable and legible
sign shall be posted at the main entrance identifying the business as a massage
establishment.
(b) Lighting -minimum lighting shall be provided in accordance with the Electrical Code
adopted by the City and, in addition, at least one artificial light of not less than forty
(40)watts shall be provided in each room or enclosure where massage services are
performed on patrons and shall be activated at all times while a patron is in such room
or enclosure.
(c) Equipment- adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided.
(d) Water-hot and cold running water shall be provided at all times.
(e) Linen storage- closed cabinets shall be provided and utilized for storage of clean
linens, and approved receptacles shall be provided for the deposit of soiled linen.
(f) Separation of sexes - if male and female patrons are to be served simultaneously at
the massage establishment, a separate massage room or rooms and separate dressing,
bathing and toilet facilities shall be provided and utilized for male and female patrons.
Each separate facility or room shall be clearly marked as such.
(g) Massage table pads -pads used on massage tables shall be covered in a professional
manner with durable, washable plastic or other waterproof material acceptable to
Orange County Health Department.
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Ordinance No. 3844
SECTION 16. Section 5.24.170 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.24.170 Massage establishment operation. Every massage establishment shall
comply with the following operating requirements:
(a)(1) Each person employed or acting as a massage therapist or massage
practitioner shall have a valid certificate issued by the Massage Therapy
Organization, a clearly legible copy of which shall be conspicuously posted in
the room or location where massage services will be provided.
(2) It is unlawful for the owner, operator,responsible managing employee,
manager or certificate holder in charge of or in control of the massage
establishment to employ or permit a person to act as a massage therapist or
massage practitioner who does not possess a valid massage therapist or
massage practitioner certificate issued by the Massage Therapy Organization.
(3) No business, except those exempted under Section 5.24.150 herein, may
employ anyone to provide massage or allow anyone to massage unless the
massage provider possesses a valid massage certificate issued by the Massage
Therapy Organization.
(b) Bath and massage operations shall be carried on and the premises shall be
open only between the hours of 7 a.m. and 9 p.m. A massage begun any time
before 9 p.m. must nevertheless terminate at 9 p.m. No person, whether
certified or not, may provide massage in exchange for compensation after 9
p.m.
(c) A list of services shall be posted in an open,public place on the premises, and
shall be described in readily understood language. No owner, operator,
responsible managing employee, manager or certificate holder shall permit,
and no massage therapist or massage practitioner shall offer to perform any
services other than those posted.
(d) Any massage establishment or business shall maintain on its premises
evidence for review by local authorities that demonstrates that all persons
providing massage services are certified by the Massage Therapy
Organization.
(e) Each massage therapist and massage practitioner shall wear a name tag while
administering a massage and which shall be worn on outer clothing and be
clearly visible. The massage therapist and massage practitioner shall not use
any name other than specified on their certificate while on duty.
(f) Massage therapists and massage practitioners shall be fully clothed at all
times. Clothing shall be of a fully opaque, non-transparent material and
provide the complete covering from mid-thigh to three (3) inches below the
collar bone.
(g) Areas where massages are to be performed shall be separated by a non-
lockable door unless there is no staff available to assure security for clients
and massage staff who are behind closed doors. Said door shall not be
equipped with a"peep hole" or any other device that allows anyone to see into
or out of this room when the door is closed.
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Ordinance No.3844
(h) Towels and linens shall not be used on more than one (1)patron unless they
have first been laundered and disinfected. Disposable towels and coverings
shall not be used on more than one (1)patron.
(i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and
compartments, toilet rooms and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each day the premises are open, with a
disinfectant approved by the Health Department. Bathtubs shall be
thoroughly cleaned after each use. All walls, ceilings, floors, and other
physical facilities for the establishment must be in good repair and maintained
in a clean and sanitary condition.
(j) Instruments utilized in performing massage shall not be used on more than
one (1)patron unless they have been sterilized using approved sterilizing
methods.
(k) Where a covering is furnished by the massage establishment, it shall not be
used by more than one (1)patron until it has first been laundered and
disinfected.
(1) The owner or operator of the massage establishment shall keep a complete and
current list of the names and residence addresses of all massage therapists,
massage practitioners and employees of the massage establishment, and the
name and residence addresses of the manager or managing employee
purported to be principally in charge of the operation of the massage
establishment. This roster shall be kept at the premises and be available for
inspection by officials charged with enforcement of this chapter.
(m) Every massage establishment shall keep a written record of the date and hour
of each treatment administered, the name and address of each patron, the
name of the massage therapist or massage practitioner administering
treatment, and the type of treatment administered, to be recorded on a patron
release form. Such written record shall be open to inspection by officials
charged with enforcement of this chapter. Such records shall be kept on the
premises of the massage establishment for a period of two (2) years.
(n) No part of the massage establishment shall be used for residential or sleeping
purposes.
(o) No person shall enter, be, or remain in any part of a massage establishment
while in the possession of, consuming, or using any alcoholic beverage or
drug except a prescription drug. The responsible owner, operator, managing
employee, manager or permittee shall not permit any such person to enter or
remain upon such premises.
(p) Every massage establishment shall be open at all times during hours during
which massage is being provided for inspection by any officer of the City of
Huntington Beach.
(q) All doors leading into a massage establishment or area where massages are
being performed shall remain unlocked during business hours unless there is
no staff available to assure security for clients and massage staff who are
behind closed doors.
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Ordinance No. 3844
(r) No massage establishment shall simultaneously operate as a school of
massage, or share facilities with a school of massage.
SECTION 17. Section 5.24.190 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 18. Section 5.24.200 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 19. Section 5.24.210 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 20. Section 5.24.220 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 21. Section 5.24.225 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.24.225 Outcall Massages. No outcall massage, which is a massage in a private
residence or at a location which does not regularly provide or permit massage, shall be
conducted in a hotel or motel room, or in the private residence of the certificate holder.
No outcall massage may be provided in a private residence or business not regularly
providing massage services between 7 p.m. and 8 a.m.
SECTION 22. Section 5.25.230 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
5.24.230 Prohibited conduct.
(a) A massage therapist or massage practitioner shall not violate the provisions of
Sections 647(a) and (b) of the California Penal Code, or any other state law involving
a crime of moral turpitude, and such practices shall not be allowed or permitted by
anyone.
(b) A massage therapist or massage practitioner shall be fully clothed at all times and
shall not expose their genitals,pubic area, buttocks, or in the case of female therapists
or practitioners, their breasts, and such practices shall not be allowed or permitted by
anyone.
(c) A massage therapist or massage practitioner shall not massage a person of one sex
within the view of a patron of the opposite sex, and such practice shall not be allowed
or permitted by anyone unless all parties expressly consent to the treatment, location,
and presence of the opposite sex.
(1) This subsection shall not apply if all involved patrons are fully clothed, excluding
socks or stockings.
(2) No more than one male and one female may consent to be massaged in the same
treatment room, and no more than two members of the same sex may consent to
be massaged in the same treatment room.
(3) No person under the age of 18 may consent to a massage in the presence of
another unless the other person is the minor's parent or legal guardian.
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Ordinance No. 3844
(d) A massage therapist or massage practitioner shall not massage, fondle, or otherwise
have intentional contact with the genitals or anus of any patron, or the breasts of a
female patron and such practices shall not be allowed or permitted by anyone.
(e) A massage therapist or massage practitioner shall not give a massage unless the
breasts of female patrons are covered and the genitals of all patrons are covered, and
such practices shall not be allowed or permitted by anyone.
SECTION 23. Section 5.24.235 of the Huntington Beach Municipal Code is
added to read as follows:
5.24.235 Responsibility. The owner or operator of a massage business or establishment
shall be responsible for the conduct of all employees or independent contractors working
on the premises of the business.
5.24.240 Violation--Penalty. Any person violating this chapter shall be guilty of a
MISDEMEANOR, punishable by a fine of one-thousand dollars ($1,000) or by
imprisonment in the county jail for a period not to exceed six (6) months, or by both such
fine and imprisonment.
SECTION 24. Section 5.24.250 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 25. Section 5.24.260 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 26. Section 5.24.270 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 27. Section 5.24.275 of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 28. Section 5.24.285 of the Huntington Beach Municipal Code is
hereby repealed.
5.24.340 Unlawful operation declared nuisance. Any massage establishment operated,
conducted or maintained contrary to the provisions of this chapter shall be and the same
is hereby declared to be unlawful and a public nuisance. The City Attorney may, in
addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or
actions, proceeding or proceedings for abatement,removal or enjoinment thereof, in the
manner provided by law. The City Attorney shall take such other steps and shall apply to
such court or courts as may have jurisdiction to grant such relief as shall 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.
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Ordinance No. 3844
SECTION 29. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of October , 2009
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ATTEST: APPROVED AS TO FORM:
Cit Clerk Z� City Attorney 0,co 60ziki
REVIE D APPROVED: INITIATED ANDAPPROVED:
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CP Kdtinistrator Police Chief
09-2207/37244 9
Ord. No. 3844
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on October 5,2009 and was again read to said City Council at a
regular meeting thereof held on October 19,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen
NOES: None
ABSENT: Hardy
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on October 29,2009
In accordance with the City Charter of said City
A. Joan L. Flynn, City Clerk y Clerk and ex-officio Jerk
"senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California