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HomeMy WebLinkAbout555 - Ordinances ORDINANCE NO. 555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REPEALING CHAPTER 9.24 OF TITLE 9 AND ADDING A NEW CHAPTER 9.24 TO TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO MASSAGE TECHNICIANS, MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Chapter 9.24 of Title 9 of the Rancho Cucamonga Municipal Code hereby is repealed, in its entirety; provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance. SECTION 2. A new Chapter 9.24 hereby is added to Title 9 of the Rancho Cucamonga Municipal Code to read, in words and figures, as follows: "CHAPTER 9.24 "MASSAGE ESTABLISHMENTS AND TECHNICIANS "ARTICLE I. MASSAGE ESTABLISHMENTS "Sections: 9,24.010 - Definitions 9.24.020 - Permit Required 9.24.030 - Same - Exceptions 9.24.040 - Massage Establishment - Application 9.24.050 - Same - Operating Requirements 9.24.060 - Same - Facilities 9.24.070 - Same - Inspections 9.24.080 - Same - Permit Not Assignable 9.24.090 - Same - Change of Location or Name 9.24.100 - Same- Notification of Change 9.24.110 - Same - Renewal of Permit 9.24.120 - Applicability of Regulations to Existing Business Ordinance No. 555 Page 2 "ARTICLE II. MASSAGE TECHNICIAN-~ "Sections: 9.24.200 - Massage Technicians - Permit Required 9.24.210 - Same - Application 9.24.220 - Same - Renewal 9.24.230 - Same - Notification by Technician 9.24.240- Same- Applicability of Regulations to Persons Working as Massage Technicians on Effective Date Hereof "ARTICLE III. OUT CALL MASSAGE SERVICES "Sections: 9.24.300-OutCall Massage Services-S p e c i a I Endorsement Required 9.24.310 - Same - Application 9.24.320 - Same - Records "ARTICLE IV. PROHIBITED CONDUCT, PROCEDURES, AND PENALTIES "Sections: 9.24.400 - Prohibited Conduct 9.24.410 - Suspension Pending Revocation 9.24.420 - Revocation - Message Establishment Permit 9.24.430 - Same - Massage Technician Permit 9.24.440 - Permit Denial/Revocation Appeal Procedure 9.24.450 - Burden of Proof at Hearing "ARTICLE I. MASSAGE ESTABLISHMENTS "Section 9.24.010 - Definitions. "Unless the particular provision of 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) 'Applicant(s)' shall mean the individual applicant and/or the designated officer or managing partner acting on behalf of a corporation or partnership. "(b) 'Chief shall mean that Officer of the San Bernardino Sheriff's Department, or his or her designee, designated to by the City of Rancho Cucamonga to fulfill the prescribed duties herein. "(c) 'Director' shall mean the Director of Administrative Services of the City of Rancho Cucamonga, or his or her designee. Ordinance No. 555 Page 3 "(d) 'Employee' means any and all persons, other than a massage technician, who may render any service to the permittee, and who receives compensation from the permittee or his or her agent, and who have no physical contact with the customers or clients. "(e) 'Hearing Officer' shall mean the City Manager of the City of Rancho Cucamonga, or his or her designee. "(f) 'Massage' means any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands or other parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. "(g) 'Massage Establishment' means any establishment having a fixed place of business where any person, firm, association, partnership, corporation engages in, conducts, or cardes on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. "(h) 'Massage Technician' shall include a 'Massage Technician', 'Massage Trainee', 'Masseur', 'Masseuse' and means any person who administers to another person, for any form of consideration, 'massage' as defined, or bathes, manipulates the body, or uses electric massage procedure, or similar procedure. "(i) 'Permittee' means any person, firm, partnership or corporation having a permit issued hereunder, for a massage establishment, and/or a massage technician, as the case may be. "(.j) 'Qualified Massage Association' means any association which has established a minimum education requirement for membership of at least five hundred (500) hours of training from a recognized school of massage, offers and requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of membership, is open to members of the general public meeting the requirements for membership, on a national basis, and has minimum educational requirements or equivalents, including at least five hundred (500) classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be verified by written and practical testing Ordinance No. 555 Page 4 by the Association. Further, the Association must have established rules of ethics and enforcement procedures for suspension or revocation of membership for violation of such rules. In addition, the Association must require participation and completion by members of a minimum number of hours of specified continuing education for eligibility for certification and recertification. In this regard, the City reserves the right to require evidence of such training, recerti~cation and professional experience as a condition of continued membership. "(k) 'Recognized School of Massage' means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which has been approved pursuant to Sections 94310 or 94311 of the California Education Code. A school offering a correspondence course not requiring attendance shall not be deemed a recognized school for purposes of this Chapter. The City of Rancho Cucamonga shall have the right to confirm that the applicant has actually attended class in a recognized school. "(I) 'Out Call Massage Service' means any business where the primary function of such business is to engage in or carry on massage, not always at a fixed location, but also at locations designated by the customers or clients. "Section 9.24.020 - Permit Required. "(a) It shall be unlawful for any person, firm, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City of Rancho Cucamonga, the operation of a massage establishment as herein described, without first having obtained a permit issued by the City of Rancho Cucamonga pursuant to the provisions herein set forth. Said permit shall immediately be surrendered to the Director upon suspension, revocation, or expiration of said permit. "(b) A permit under this Article I shall be valid for twelve (12) months from the date of issuance unless revoked or suspended. The permit required shall be in addition to any business license required by City ordinance or any other permit required for such use including, but not limited to, any conditional use permit or other similar entitlement for use. "Section 9.24.030 - Same - Exceptions. "The provisions of this Chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: Ordinance No. 555 Page 5 "(a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California. "(b) Nurses registered under the laws of the State of California. "(c) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practice within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, and/or scalp of the customer or client. "(d) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California. "(e) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. "(f) Trainers of amateur, semiprofessional or professional athletes or athletic teams. "Section 9.24.040 - Massage Establishment-Application. "(a) Any person, firm, corporation, or partnership desiring to obtain a permit to operate a massage establishment shall make application under penalty of perjury of the laws of the State of California, to the Director. Prior to submitting such application, a non-refundable fee in an amount established by the City Council shall be paid to the City to defray, in part, the cost of the investigation and reports required by this Article I. A copy of the receipt showing payment of the required fee shall accompany the application. "(b) The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this Chapter; however, only one application fee shall be charged. The corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for permittees by this Chapter or the corporation or partnership permit shall be suspended until a responsible managing employee who meets such requirements is designated. If no such person is found within ninety (90) days, the corporation or partnership permit shall be deemed canceled without further notice and a new initial application for permit must be filed. "(c) The application and fee required under this Section shall be in addition to any license, permit or fee required under any other provisions of this Code or ordinance heretofore or hereafter adopted together with a writing, signed and dated by the applicant, under penalty of perjury, stating that all information contained in the application is true and correct: Ordinance No. 555 Page 6 "(d) The application for permit does not authorize conducting a massage establishment. No business shall be conducted until such permit has been granted. "(e) Each applicant for a massage establishment permit shall submit the following information: "1. The full true name under which the business will be conducted. If the name is a fictitious name, all individual owners, stockholders, partners, etc., shall be identified. "2. The present or proposed address where the business is to be conducted. "3. The applicant's full, true name, any other names used, date of birth, Califomia Driver's License number or California identification number, Social Security number, present residence address and telephone number. The sex, height, weight, color of hair, and color of eyes. "4 .Previous two (2) residences of the applicant and the inclusive dates at each address. "5. The applicant's business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same. "6. The permit history of the applicant, including whether such person has ever had any permit or license issued by any agency, board, City, County, Parish, Territory, or State, the date of issuance of such a permit or license, whether the permit or license was revoked or suspended, or if a vocational or professional license or permit was issued, revoked, or suspended, and the reason(s) therefor. "7. All convictions for any crime involving conduct which requires registration under any state, federal or territorial law similar to and including California Penal Code § 290, or of conduct which is a violation of the provisions of any state, federal or territorial law similar to and including California Penal Code §§ 266h, 266i, 314, 315, 316, 318, 647, any other crime involving the elements of the foregoing code sections, by way of plea bargain, or any crime involving dishonesty, fraud, deceit, or moral turpitude. For the purposes of this Article I, 'conviction' shall include a conviction pursuant to a plea of guilty or nolo contendere. "8. A complete explanation of all services to be provided. Ordinance No. 555 Page 7 "9. The name, address, and date of birth of each massage technician, aide, trainee, or employee who is or will be employed in said establishment. "10. The name and address of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this Section wherein the business or profession of massage is carried on. "11. Acceptable written proof that the applicant is at least eighteen (18) years of age. "12. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding five percent (5%) or more of the stock of that corporation. "13. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of subsection 9.24.040(d)12 pertaining to corporate applicants shall apply. "14. The Director may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fee will be the responsibility of the applicant. "15. Two (2) current, full-face, portrait photographs of the applicant, two (2) inches by two (2) inches in size shall be provided by the applicant. "16. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant shall be set forth. "17. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted shall be identified. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property. Ordinance No. 555 Page 8 "18. Authorization for the City of Rancho Cucamonga, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be required. The Chief shall provide such assistance to the Director as may be required to fully investigate the applicant and the truth of the matters set forth in the application. "19. The applicant shall submit any change of address or fact which may occur during the procedure of applying for a massage establishment permit. "20. The applicant, if an individual, or designated responsible managing employee if a partnership or corporation, shall personally appear at the Police Department for fingerprinting and produce proof that the application fee has been paid and shall present the application containing the required information as described in this § 9.24.040. "21. A certificate of compliance from both the City of Rancho Cucamonga Development Services Department, Building and Safety Division, and the San Bernardino County Health Department must be submitted prior to the application approval. Any required inspection fees shall be the responsibility of the applicant. "If the certificates of compliance are not received by the Director within sixty (60) days of the date of filing, the application shall be deemed void. If any land use permit or other entitlement for use is required, such permit or use shall be applied for and received prior to the massage establishment permit becoming effective. "22. The Director shall have up to one hundred twenty (120) calendar days to investigate the application and the background of the applicant. Upon the completion of the investigation, the Director shall grant the permit if he or she finds: "(a) The required fee has been paid; "(b) The application conforms in all respects to the provisions of this Article I; "(c) The applicant has not made a material misrepresentation in the application; "(d) The applicant, if an individual, or any of the stockholders of the corporation, or any officers or directors, if the applicant is a corporation, or any partner if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense specified in § 9.24.040(d)7; Ordinance No. 555 Page 9 "(e) The applicant has not had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the City, or any other State, territory, county, parish or local agency prior to the date of approval; "(f) The applicant is at least eighteen (18) years of age; "(g) The massage establishment as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire, and safety requirements and standards. "23. If the Director, following investigation of the applicant, determines that the applicant does not fulfill the requirements as set forth in this Article I, the Director shall deny said application by dated, written notice to the applicant, forwarded to the applicant's address as set forth in the application, by U.S. mail, with a proof of service attached. Following a denial or revocation of a massage establishment permit, no application for a massage establishment permit may be filed by such applicant, at the same or substantially similar physical location, for at least one year following the date of such denial or revocation. The applicant shall have the right of appeal as to any denial, as set forth in § 9.24.440. "24. Proof of compliance with all applicable provisions of the Rancho Cucamonga Municipal Code and the applicable ordinances shall be provided prior to the issuance of any permits. "Section 9.24.050 - Same - ODerating Requirements. "No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met: "(a) Each person employed or acting as a massage technician shall have a valid permit issued by the Director, which permit shall be displayed in a conspicuous area open to the public at all times. It shall be unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this Chapter and which is worn clearly visible during working hours. "(b) The possession of a valid Massage Establishment Permit does not authorize the possessor to perform work for which a Massage Technician Permit is required. "(c) Massage and bath operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m. Ordinance No. 555 Page 10 (d) A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in other than the English language, the permittee shall, at the permittee's cost and expense, provide to the Director an English language translation thereof. Said English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician shall offer or perform, any service other than those posted. (e) The Massage Establishment Permit and a copy of the permit of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises. "(f) Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the massage technician administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Director. Such records shall be open to inspection only by officials charged with enforcement of this Chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this Chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two (2) years. "(g) Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. Soiled linens and towels shall be deposited in separate, Health Department approved receptacles. "(h) If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Ordinance No. 555 Page 11 "(i) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths 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 San Bernardino County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the Health Department, after each use. All walls, ceilings, floors, and other physical facilities of 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 such instruments have been sterilized, using approved sterilizing methods. "(k) All employees, including massage technicians, shall be clean, and wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic area, buttocks, or chest. Massage technicians shall maintain the massage technician permit visibly on their person dudng business hours. "(I) No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, under the influence of or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises. "(m) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. "(n) No massage establishment granted a permit under this Article I shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in § 9.24.050(d) of this Article I. Nor shall any massage establishment or out call massage service employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in § 9.24.050(d) of this Article I. "(o) No service enumerated in § 9.24.050(d) of this Article I may be carried on within any cubicle, room, booth or any area within a massage establishment, which is fitted with a door capable of being locked. "(p) All exterior doors shall remain unlocked from the interior side during business hours. Ordinance No. 555 Page 12 "(q) A massage shall not be given and no patron shall be in the presence of a massage technician or other employee unless the patron's genitals are fully covered by a non-transparent covering. In addition, a female patron's breasts shall be fully covered by a non-transparent covering. "(r) No massage establishment shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, valid permit. "(s) Each massage establishment granted a permit under this Article shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the Director designating the person or persons who shall act as manager. The operator, or manager in the operator's absence, shall be responsible for ensuring compliance with this Chapter. "Section 9.24.060 - Same - FaCilities. "Every massage establishment shall maintain facilities meeting all of the following requirements: "(a) Signs shall be in conformance with the current ordinances of the City of Rancho Cucamonga; "(b) Minimum lighting shall be provided in accordance with § 1201 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than sixty (60) watts shall be provided in each room or enclosure where massage services are performed on patrons; (c) Minimum ventilation shall be provided in accordance with § 1201 of the Uniform Building Code or successor provision or provisions; "(d) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be readily available; "(e) Hot and cold running water shall be provided at all times; "(f) Closed cabinets shall be provided for storage of clean linens; "(g) Adequate bathing, dressing, locker and toilet facilities shall be provided patrons. A minimum of two (2) tubs or showers and dressing rooms containing separate lockers which are capable of being locked must be provided for patrons. Separate toilets, wash basins, bathing and dressing areas shall be provided for male and female patrons; Ordinance No. 555 Page 13 "(h) A minimum of one (1) separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin; "(i) Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the San Bernardino County Health Department. "Section 9.24.070 - Same - Inspections. "The Director, Chief, Development Services Director, and the San Bernardino County Health Department, or their authorized representatives, shall have the dght to enter the massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this Chapter. "Section 9.24.080 - Same - Permit NonassiOnable. "No massage establishment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partners, in a partnership granted a permit hereunder, may make application to the Director, together with the fee established by the City Council therefor, to amend the odginal application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. "If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the Director, together with a fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur. Ordinance No. 555 Page 14 "Section 9.24.090 - Same - Chanqe of Location or Name. "(a) A change of location may be approved by the Director provided the massage establishment complies with all ordinances and regulations of the City of Rancho Cucamonga. "(b)No permittee shall operate under any name or conduct any establishment under any designation not specified in the permit. "(c) Any application for an expansion of a building or other place of business of a massage establishment shall require compliance with this Article I. "Section 9.24.100 - Same - NotificatiOn of Change. "(a) The holder of the permit to operate or conduct a massage establishment shall notify the Director, in wdting, of the name and address of each person employed, including massage technicians, at such establishment within five (5) days of said person being employed. "The requirements of this § 9.24.100 are in addition to the other provisions of this Chapter, and nothing contained herein shall relieve the permittee of the responsibility of ascertaining, prior to employment, whether an employee has a current, valid Massage Technician Permit. "(b) If, during the term of a permit, the applicant has any change in information provided on or concerning the original application or permit renewal application, notification shall be made to the Director in writing, within ten (10) business days of the change. "Section 9.24.110 - Same. - Renewal of Permit. "A massage establishment licensed under this Article I shall submit an application for renewal thirty (30) days prior to the expiration thereof. The renewal application shall be submitted together with the requisite fee as established by the City Council. Approval of the renewal application shall be contingent upon satisfactory compliance with all pertinent provisions of this Article I. "Section 9.24.120 - AD_Dlicability of ReclUlations to Existing Businesses. "The provisions of this Article I shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of this Article I, except that massage establishments legally in business prior to the effective date hereof shall have six (6) months or until the expiration of their current business license, whichever is greater, to comply with the terms hereof. Ordinance No. 555 Page 15 "ARTICLE II. MASSAGE TECHNICIANS "Section 9.24.200 - Massaqe Technicians - Permit Required. "(a) It shall be unlawful for any person to engage in the business of acting or to act as a massage technician unless such person holds a valid massage technician permit issued by the City. Each massage technician permit holder shall be issued a photo identification badge which will also serve as a massage technician permit. The permit holder shall maintain the massage technician permit visibly on his or her person during business hours. Each permit holder shall immediately surrender to the Director any massage technician permit issued by the City upon the suspension, revocation, or expiration of such permit. "(b) A permit under this Section shall be valid for twelve (12) months from the date of issuance unless revoked or suspended. "Section 9.24.210 - Same - AppliCatiOn. "(a) Each applicant for a massage technician permit shall make application under penalty of perjury of the laws of the State of California to the Director. Prior to submitting an application, a nonrefundable fee as established by the City Council shall be paid to defray, in pad, the costs of investigation and report required by this Article I. A copy of the receipt shall accompany the application. "(b) Permit fees required under this Section shall be in addition to any license, permit or fee required under any other provision of this Code. "(c) The application for permit does not authorize the applicant to practice massage. No work is authorized until such permit has been granted. "(d) Each applicant for a massage technician permit shall submit the following information: "1. Truthful and honest answers to each and every inquiry in § 9.24.040(d)3 through § 9.24.040(d)7, inclusive, of Article I hereof; "2. Acceptable written proof that the applicant is at least eighteen (18) years of age. "(e) The applicant must furnish proof of passage of the independently prepared and administered national examination through the National Certification Board for Therapeutic Massage and Bodywork (NCTMB), together with current recertifications in accordance with NCTMB requirements, a diploma or certificate of graduation from either a 500-hour resident course of instruction or 500 hours of cumulative education consisting of no less than Ordinance No. 555 Page 16 a 300-hour resident course, and 200 additional hours of resident instruction from a recognized school of massage as defined in § 9.24.010(k) of Article I, hereof, or from an existing school or institution of learning outside the State of California, together with a certified transcript of the applicant's school records showing date of enrollment, hours of instruction and graduation from a course having at least the minimum requirements prescribed by Article 3 of Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the California Code of Regulations, wherein the theory, method, profession and work of massage is taught, and a copy of the school's approval by the State Board of Education. Alternatively, the provisions of this subsection (e) may be satisfied by the applicant receiving 300 hours of resident instruction and having membership, or the ability to obtain membership, in a qualified massage association, as defined in § 9.24.010(j) of Article I hereof. "(0 The massage establishment's full name, address and telephone number where the massage technician will be employed at a fixed place of business. In the event the applicant seeks to conduct out call massage services not listed in the original application, an additional application and fee must be submitted. "(g) Such other identification and relevant information as the Director may require in order to discover the truth of the matters herein specified as required to be set forth in the application. "(h) Two (2) current full face, portrait photographs of the applicant, two (2) inches by two (2) inches in size. "(i) The Director may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fees will be the responsibility of the applicant. "(j) A certificate from a medical doctor licensed to practice in the State of California stating that the applicant has, within thirty (30) days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease. "(k) Authorization for the City of Rancho Cucamonga, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be required. The Chief shall provide such assistance to the Director as may be required to fully investigate the applicant and the truth of the matters set forth in the application. Ordinance No. 555 Page 17 "(I) Authorization to the Director that he or she shall have one hundred twenty (120) days in which to investigate the application and background of the applicant. Upon termination of the investigation, the Director shall approve or deny said application in writing. "(m ) The Director, upon completion of the investigation, shall grant the permit if he or she finds in accordance with § 9.24.040(d)22(a) through (f), inclusive, and: "1. The applicant has furnished an acceptable diploma or certificate of graduation from a recognized school, or "2. The applicant has furnished written proof from a recognized school that the minimum number of hours of instruction have been completed. "(n) If the Director, following investigation of the application, determines that the applicant does not fulfill the requirements as set forth in this Section, the Director shall deny said application by dated, written notice forwarded to the applicant's address set forth in the application by U.S. mail, with a proof of service attached. A new application may not be filed for at least sixty (60) days after such denial. Any applicant for a permit who is refused a permit by the Director may appeal the denial as set forth in § 9.24.440. "Section 9.24.220 - Same - Renewal. "A massage technician licensed under this chapter shall file an application to renew the permit thirty (30) days prior to the date of expiration thereof. Approval shall be contingent upon satisfactory compliance with all pertinent sections of this Article II, including a current medical clearance. A renewal fee as established by the City Council shall be charged to defray, in part, the cost of the renewal investigation required by this Article II. "Section 9.24.230 - Same - Notification by Technician. "If, during the term of a permit, the massage technician has any change in information submitted on the odginal or renewal application, the massage technician shall notify the Director of such change within ten (10) business days thereafter, in writing. "Section 9.24.240 - Same - A_D_Dlicability Of Regulations toPersOnS Working as MaSsage TeChnicianS on EffeCtive Date Hereof. "The provisions of this Article II shall be applicable to all persons working as massage technicians whether such employment commenced before or after the effective date of this Chapter, except that massage technicians legally employed prior to the effective date hereof shall have six (6) months after the effective date hereof to comply with the terms of this Article II. Ordinance No. 555 Page 18 "ARTICLE III. OUT CALL MASSAGE SERVICES "Section 9.24.300 - Out Call MasSage Service~ - Special Endorsement Rea_uired. "It shall be unlawful for any massage establishment or massage technician to provide, or to offer to provide, massage at any location except at the place of business appmved for a massage establishment hereunder; provided, however, that a massage establishment or massage technician may obtain a special endorsement to the permit issued thereto specifically authorizing out call massage services. "Section 9.24.310 - Same - Application. "Any massage establishment or massage technician desiring to provide out call massage services shall submit to the Director, together with the requisite non- refundable fee therefor as established by the City Council, an application to provide out call massage services within the City of Rancho Cucamonga. In addition to the requirements set forth herein pertaining to massage establishment permit or massage technician permit application, as the case may be, the applicant shall submit detailed information setting forth the manner and means of transporting, to and from the premises where out call massage services are to be performed, the clean, sanitary towels, coverings and linens, sterilized instruments to be utilized, as well as any supplementary aids, equipment or devices to be utilized and the method(s) of disposal thereof. "Section 9.24.320 - Same - Record. "All massage technicians authorized to perform out call massage servicgs hereunder shall keep a written record, at the massage technician's principal place of business, of out call massage services performed as required by § 9.24.050(f) of Article I hereof and shall include therein the location, by street address including suite or apartment number, where such services have been performed. '.'ARTICLE IV. PROHIBITED CONDUCT, PROCEDURES, AND PENALTIE~ "Section 9.24.400 - Prohibited Conduct. "(a) It shall be unlawful for any massage technician to touch or massage the genital area of any patron or the breasts of any female patron or for any massage establishment to allow or permit such massage. "(b) It shall be unlawful for a massage technician to perform any massage services at any location other than that location specified on the massage technician permit or pursuant to a valid out call endorsement. Ordinance No. 555 Page 19 "Section 9.24.410 - SuspenSiOn Pending Revocation. "When the grounds for revocation under this Chapter are that the permittee is suspected of immoral, improper, or otherwise objectionable conduct, the permit may be suspended until the revocation hearing procedure has been completed. "Section 9.24.420 - Revocation - Massage EstabliShment Permit. "The Director may revoke the massage establishment permit of any person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence that the permittee has made a material misrepresentation on the permit application, or if the permittee, any managing responsible employee thereof or any of the persons enumerated in § 9.24.040(d)12 or § 9.24.040(d) 13 of Article I hereof has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this Chapter, or of the enumerated statutes set forth in § 9.24.040(d)7 of Article I hereof or any lesser included offense. "The Director may revoke, after notice and hearing, a massage establishment permit if, on the basis of satisfactory evidence, it is shown that the permittee, any managing responsible employee, or any employee, representative, or agent of the permittee or any massage technician employed by the permittee, has engaged in conduct constituting a violation of this chapter or of any of the enumerated statutes set forth in § 9.24.040(d)7 of Article I hereof. The Director shall provide the permittee with written notice of the revocation or proposed revocation by U.S. mail, with a proof of service attached, addressed to the street address of the massage establishment as shown on the application. "Section 9.24.430 - Same - MasSage Technician Permit. "The Director may revoke the massage technician permit of any person holding the same upon receiving satisfactory evidence that the permittee has made a material misrepresentation on the permit application or if the permittee has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this chapter, or any of the enumerated statutes set forth in § 9.24.040(d)7 of Article I hereof or to a lesser included offense. "The Director may, after notice and headng, revoke the massage technician permit of any permittee if, on the basis of satisfactory evidence it shows that the permittee has engaged in conduct constituting a violation of this Chapter or any of the enumerated statutes set forth in § 9.24.040(d)7 of Article I hereof. The Director shall provide the permittee with written notice of the revocation by mail, with a proof of service attached, addressed to the permittee at the address of record shown on the massage technician permit application. Ordinance No. 555 Page 20 "Section 9.24.440 - Permit Denial/Revocation Appeal Procedure. "(a) The applicant or permittee, as the case may be, within ten (10) business days after receipt of denial of an application for a permit under Articles I, II or III, hereof, or notice of revocation, may file an appeal with the City Clerk to be taken to the Hearing Officer. In the event an appeal is filed within the ten (10) day time frame, a suspension of the permit shall be in effect until the final decision has been rendered by the Hearing Officer. "(b) If the applicant or permittee fails to file an appeal within the ten (10) day filing period provided herein, denial/revocation shall take effect immediately upon expiration of such filing period. No permit shall be revoked until after a hearing shall have been held before the Hearing Officer to determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful for any person to conduct a massage establishment or carry on the business of massage until the revoked permit has been reinstated by the Hearing Officer. "(c) Notice of such hearing shall be given in writing and mailed at least ten (10) days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on the massage establishment application, or massage technician application, as the case may be. The notice shall state the grounds of the complaint and shall state the time and place where such hearing will be held. "(d) After said hearing, the Headng Officer shall render a written decision within ten (10) business days from the date the matter is submitted for decision. The action of the Hearing Officer shall be final and conclusive. "Section 9.24.450 - Burden of Proof at Hearing. "Unless otherwise specifically provided by law, the burden is on the City in any hearing under this Article IV to prove that the determination of the Director which is being appealed is unreasonable, and not an abuse of discretion." SECTION 3. Penalties for Violation of Ordinance or Chapter It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requireme~s of this Ordinance or the Chapter hereby adopted. Any person, firm, partnership or corporation violating any provisions of this Ordinance or Chapter or failing to comply with any of the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6)months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof dudng which any violation of any of the provisions of this Ordinance or the Chapter hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Ordinance No. 555 Page 21 SECTION 4. Civil Remedies Available The violation of any of the provisions of this Ordinance or the Chapter hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 5. Severability The City Council declares that, should any article, provision, section, paragraph, sentence or word of this Ordinance or the Chapter hereby adopted be or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislative, the remaining provisions, sections, paragraphs, sentences and words of the Chapter hereby adopted shall remain in full force and effect. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this 19th day of June, 1996. AYES: Alexander, Curatalo, Gutierrez, Williams NOES: None ABSENT: Biane 'William J. AI2Zander, Ma~or ATTEST: Defbra/J. Adams, CMC, City Clerf< Ordinance No. 555 Page 22 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 5th day of June, 1996, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of June, 1996. Executed this 20th day of June, 1996, at Rancho Cucamonga, California. De;bra/J. Adams, CMC, C'ity Cler(< /