HomeMy WebLinkAboutMassage Establishments - Ordinance 3876 amending Chapter 5.2 Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of(7alifornia, under date of Aug. 24, 1994,case
A50479.
PROOF OF
PUBLICATION
CITY
STATE OF CALIFORNIA ) HUNTIN ONFBEACH.
LEGAL NOTICE
7�Try, g� p �T ) SS. ORDINANCE NO.3876 ,
®�J 1@I L ®F ORANGE ) Adopted by the
City Council on
APRIL 19,2010-
"AN-ORDINANCE OF THE
CITY OF HUNTINGTON
EACH' AMNNG am the Citizen of the United States and a CHAPTER 5.4EOFDITHE
resident of the County aforesaid; I am over HUNTINGTON :BEACH
, ; 'MUNICIPAL CODE,RELAT-
ING' TO MASSAGE ES-
the age of eighteen years, and not a party TABLISHMENTS
SYNOPSIS:
to or interested in the below entitled matter. SECTION 5.24.150 PRE-
VIOUSLY PROVIDED A
I am a principal clerk of the HUNTINGTON LIST OF EXEMPTIONS
FOR CLASSES OF INDI-
BEACH INDEPENDENT, a newspaper of VIDUALS OR GROUPS
FROM THE RE-
I
general circulation, printed and published in QUIREMENT OF OBTAIN-
-ING STATE CERTIFICA-
the City of Huntington Beach, County of TION TO PROVIDE
MASSAGE SERVICES. i
Orange, State of California, and the THIS-EXEMPTION IS FOR
THE OWNERS OF LARGE
attached Notice is a true and complete copy STAND ALONE HOTELS
WHICH PROVIDE SUCH
as was printed and published on the SERVICES ON SITE
THROUGH STATE CER-
following date(s). -TIFIED MASSAGE PER-
SONNEL. THE OWNERS
OF LARGE STAND ALONE
HOTELS OFFER MAS-
SAGE SERVICES TO
THEIR VISITING,GUESTS I
AS AN ADDITIONAL'
AMENITY TO ENHANCE
TOURISM. BECAUSE'
SERVIS AT
April 29, 2010 TIHESAGE HOTELS ARE PRO-
VIDED BY STATE CER-
TIFIED MASSAGE PER-
SONNEL, THERE IS NO
NEED FOR THE OWNERS .'
TO ALSO BE STATE CER-
TIFIED.
PASSED AND ADOPTED
I declare, under penalty of perjury, that the by the City Council of
foregoing is true and correct. the City of Huntington I
Beach at a regular meet- '
ing held April 19, 2010
,by the following roll call
vote:
AYES: C Green; Bohr,
archio,'Coerper,
Executed on Aoril 29, 2010 Hardy,
Dwyer,Hansen i
NOES:None at Costa Mesa, California ABSTAIN:None
ABSENT:None
THE FULL TEXT OF THE
ORDINANCE IS AVAIL-'
ABLE IN THE CITY
CLERK'S OFFICE.
This ordinance , effec-
tive 30 days. after
I adoption. '
S lg natU re CITY OF
HUNTINGTON BEACH
2000 MAIN STREET
=.+, HUNTINGTON BEACH,
CA 92648
714-536-5227
JOAN L.FLYNN,`
CITY CLERK
{ Published. Huntington
1 c'I gyp" ri 4' 1 17 e Z 29,2010 depende045-621
!r,
CA
6L1&-J) rzVt— /A)71U-&LC770.J
Council/Agency Meeting Held: . /C7
Deferred/Continued to: _ aLj-
�61 Ap roved ❑ Conditionally Approved ❑ Denied Clerk's Sign re
Council Meeting Date: April 5, 2010 Department ID Number: CA 10-02
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: JENNIFER McGRATH, City Attorney 3 .
PREPARED BY: JENNIFER McGRATH, City Attorney
SUBJECT: Adoption of Ordinance No. 3876 Amending Chapter 5.24 of the
Huntington Beach Municipal Code Relating to Massage Establishments
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Attorney is recommending that Huntington Beach Municipal
Code Chapter 5.24 be amended as to a certain section that pertains to the exemptions for
those who do not need to be state certified to provide massage services.
Funding Source: N/A
Recommended Action: Motion to: Adopt Ordinance No. 3876 Amending Chapter 5.24 of
the Huntington Beach Municipal Code Relating to Massage Establishments.
Alternative Action(s): Do not adopt Ordinance No. 3876 .
Analysis: Section 5.24.150 currently provides a list of exemptions for classes of individuals
or groups from the requirements of obtaining state certification to provide massage services.
An additional exemption is proposed for the owners of large stand alone hotels which provide
such services on site through state certified massage personnel. The owners of large stand
alone hotels offer massage services to their visiting guests as an additional amenity to
enhance tourism. Because massage services at the hotels are provided by state certified
massage personnel, there is no need for the owners to also be state certified.
Strategic Plan Goal: Create an environment that promotes tourism to increase revenues
to support community services and transform the City's economy into a destination economy.
7
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: April 5, 2010 DEPARTMENT ID NUMBER: CA 10-02
Environmental Status: N/A
Attachment(s):
Paw
o -
Ordinance No. 3$ZL An Ordinance of the City of Huntington Beach
Amending Chapter 5.24 of the Huntington Beach Municipal Code
Relating to Massage Establishments
2. Legislative Draft of Chapter 5.24
-2- 3/1/2010 8:22 AM
ATTACHM E NT
#1
ORDINANCE NO. 3876
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 5.24.150 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. Each independent contractor must possess a valid
massage technician permit. 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.
(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.
(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.
09-2207.001/44108 1
Ordinance No. 3876
(i) Owners of stand alone hotels with more than 100 on-site rooms for rent and which
provide massage services for their guests on site by a state certified massage
practitioner or therapist.
SECTION 2. 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 April ,2010.
ay
ATTEST: APPROVED AS TO FORM:
R
City Clerk City Attorney bM 3\11W
REVIEW D APPROVED: INITIATED AND APPROVED:
P_, � 3 f 3z2_a/o
Ci Ad inistrator City Attorney ,Dm :a\�ko
09-2207.001/44108 2
Ord. No. 3876
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 April 5,2010, and was again read to said City Council at a
regular meeting thereof held on April 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
1,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 April 29,2010.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Clerk and ex-offici lerk
Senior Deputv City Clerk of the City Council of the City
of Huntington Beach, California
A TTACHMENT #2
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DELETIONS 1�
ORDINANCE NO. 3876
LEGISLATIVE DRAFT
Chapter 5.24
MASSAGE ESTABLISHMENTS
(1213-6/66, 1293-3/67,2007-10175,2187-6/77, Urg.2361-3/79,Urg.2394-8/79,2466-2/81,2726-10/84,3173-10/92,3267-9/95,
3467-6/00,3694-2/05, 3716-7/05,3738-7/06,3844-11/09)
Sections:
5.24.010 Definitions
5.24.020 Massage certification required
5.24.030 Massage establishment or services—Business License required
5.24.040 Repealed—Ordinance No. 3844-11/09
5.24.050 Repealed—Ordinance No. 3844-11/09
5.24.060 Repealed—Ordinance No. 3844-11/09
5.24.070 Repealed—Ordinance No. 3844-11/09
5.24.080 Repealed—Ordinance No. 3267-9/95
5.24.090 Repealed—Ordinance No. 3844-11/09
5.24.100 Repealed—Ordinance No. 3 844-I 1/09
5.24.110 Repealed—Ordinance No. 3844-11/09
5.24.120 Repealed—Ordinance No. 2466-2/81
5.24.125 Repealed—Ordinance No. 3844-11/09
5.24.130 Repealed—Ordinance No. 3844-11/09
5.24.140 Repealed—Ordinance No. 3267-9/95
5.24.150 Exemptions
5.24.160 Massage establishment--Facilities
5.24.170 Massage establishment operation
5.24.190 Repealed—Ordinance No. 3844-11/09
5.24.200 Repealed—Ordinance No. 3 844-I 1/09
5.24.210 Repealed—Ordinance No. 3844-11/09
5.24.220 Repealed—Ordinance No. 3844-11/09
5.24.225 Outcall massages
5.24.230 Prohibited conduct
5.24.235 Responsibility
5.24.240 Violation--Penalty
5.24.250 Repealed—Ordinance No. 3844-11/09
5.24.260 Repealed—Ordinance No. 3844-11/09
5.24.270 Repealed—Ordinance No. 3 844-11/09
5.24.275 Repealed—Ordinance No. 3844-11/09
5.24.280 Repealed—Ordinance No. 2726-10/84
5.24.285 Repealed—Ordinance No. 3844-10/84
5.24.290 Repealed—Ordinance No. 2726-10/84
5.24.300 Repealed—Ordinance No. 2726-10/84
5.24.310 Repealed—Ordinance No. 2726-10/84
5.24.320 Repealed—Ordinance No. 2726-10/84
5.24.330 Repealed—Ordinance No. 2726-10/84
5.24.340 Unlawful operation declared nuisance
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.
Huntington Beach Municipal Code Chapter 5.24 Page 1 of 7
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DELETIONS Stfil�
(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. (3467-6/00,3844-11/09)
(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. (2395-11/79,2466-2/81,3267-5/95,3844-11/09)
(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 Professionals Code, and who administers
massage for compensation. (3267-5/95,3844-11/09)
(e) "Organization" means the Massage Therapy Organization created pursuant to Sections 4600-
4620 of the California Business and Professions Code. (3267-9/95,3844-11/09)
(f) For purposes of this Chapter, the terms "massage" and"bodywork" shall have the same
meaning. (3267-9/95,3467-6/00,3844-11/09)
(g) "Owner"means the individual(s)whose name appears on the City of Huntington Beach
business license. (3267-9/95)
(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. (3267-9/95,3844-11/09)
(i) "Certified" shall mean any valid certificate issued in accordance with Sections 2600 through
4620 of the California Business and Professions Code. (3267-9/95,3844-11/09)
(j) "Compensation" shall mean the payment, loan, advance, donation, contribution, deposit, or
gift of money or anything of value. (3267-9/95,3844-11/09)
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. (2395-11/79,3267-9/95,3844-11/09)
Huntington Beach Municipal Code Chapter 5.24 Page 2 of 7
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DELETIONS -1" 11 -1
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: (3267-9/95,3738-7/06,3844-11/09)
(1) Full name of certificate holder (3844-11/09)
(2) Date of Birth (3844-11/09)
(3) State issued identification number(if applicable) (3844-11/09)
(4) Social Security Number (3844-11/09)
(5) Home address and phone number (3844-11/09)
(6) Work address and phone number (3844-11/09)
(7) Color photograph of the certificate holder (3844-11/09)
(8) Proof of State certification for those who will provide massage services (3844-11/09)
(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. (2395-11/79,
3267-9/95,3844-11/09)
(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. (3844-11/09)
(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. (3844-11/09)
(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.
(3844-11/09)
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:
(2395-11/79,3267-9/95,3694-2/05,3844-11/09)
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly
licensed to practice in the state of California. (3467-6/00)
(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. (3467-6/00)
(c) Registered or licensed vocational nurses duly registered by the state of California. (3694-2/05)
(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. (3694-2/05)
(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)
Huntington Beach Municipal Code Chapter 5.24 Page 3 of 7
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DELETIONS l 11 gl�
(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. (3694-2/05)
(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. (3694-2/05)
(i) Owners of stand alone hotels with more than 100 on-site rooms for rent and which provide
massage services for their guests on site by a state certified massage practitioner or therapist.
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. (3267-
9/95, 3694-2/05)
(c) Equipment - adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided. (3694-2/05)
(d) Water-hot and cold running water shall be provided at all times. (3694-2/05)
(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. (2395-11/79, 3267-9/95,
3694-2/05)
(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. (2395-11/79, 3267-9/95,3694-2/05, 3844-11/09)
(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. (3694-2/05, 3844-11/09)
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. (2395-11/79, 3267-9/95, 3467-6/00, 3844-11/09)
Huntington Beach Municipal Code Chapter 5.24 Page 4 of 7
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(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. (3467-6/00, 3844-11/09)
(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. (3467-6/00,
3694-2/05,3844-11/09)
(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 9:00 p.m. (2395-11/79,3267-9/95,3467-6/00, 3844-11/09)
(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. (3844-11/09)
(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. (2395-11/79, 3267-9/95, 3844-11/09)
(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. (3267-9/95, 3844-11/09)
(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. (3267-9/95, 3844-11/09)
(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. (3694-2/05,3844-11/09)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
Huntington Beach Municipal Code Chapter 5.24 Page 5 of 7
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(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. (2395-11/79, 3267-9/95)
(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. (3267-9/95, 3844-11/09)
(in)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.
(3267-9/95, 3844-11/09)
(n) No part of the establishment shall be used for residential or sleeping purposes. (3267-9/95,
3844-11/09)
(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. (2395-11/79, 3267-9/95,3844-11/09)
(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. (2395-11/79,
3267-9/95, 3467-6/00,3844-11/09)
(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. (2395-11179, 3267-9/95,
3844-11/09)
(r) No massage establishment shall simultaneously operate as a school of massage, or share
facilities with a school of massage. (2395-11/79,2466-2/81, 3267-9/95, 3844-11/09)
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. (3694-2/05, 3844-11/09)
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. (2395-11/79,
3267-9/95, 3844-11/09)
(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,
Huntington Beach Municipal Code Chapter 5.24 Page 6 of 7
KEY
INSERTIONS: Double underline
DELETIONS St-ri�kre�r
their breasts, and such practices shall not be allowed or permitted by anyone. (2395-11179,
3267-9/95, 3844-11/09)
(c) A massage therapist or massage practitioner shall not massage a patron of one sex within the
view of a patron of the opposite sex, and such practices shall not be allowed or permitted by
anyone unless all parties expressly consent to the treatment, location, and presence of the
opposite sex. (2395-11/79, 3267-9/95, 3844-11/09)
l. This subsection shall not apply if all involved patrons are fully clothed, excluding socks
or stockings. (3844-11/09)
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. (3844-11/09)
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. (3844-11/09)
(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. (2395-11179, 3267-9/95,
3467-6/00,3844-11/09)
(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. (2395-11/79, 3267-9/95, 3844-11/09)
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. (3844-11/09)
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.
(2395-11/79,2726-10/84, 3173-10/92, 3267-9/95, 3467-6/00)
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. (2395-11/79, 3267-9/95)
Huntington Beach Municipal Code Chapter 5.24 Page 7 of 7
RCA ROUTING SHEET
INITIATING DEPARTMENT: city Attorney
SUBJECT: Adoption of Ordinance No.3876 Amending Chapter 5.24
of the Huntington Beach Municipal Code Relating to
Massage Establishments
COUNCIL MEETING DATE: jApril 5, 2010
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ]
Not Appiicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not A plicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attomey) Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Appiicable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable ❑
Bonds (If applicable) Attached ❑
Not Applicable ❑
Staff Report (If applicable) Attached ❑
Not A plicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Appiicable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable ❑
EXPLANATION FOR MISSING.ATTACHMENTS -"
RE"
ative "RETURN'ED° FOR A ED
Administr _.,
Staff & o`� )
Deputy City Administrator nitial o ( 4PC )
City Administrator (Initial) ( ) ( )
City Clerk
EXPLANATION,.FOR RETURN
.(Below$pace For City Clerk's Use •
RCA Author: Jennifer McGrath, City Attorney