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hereby is repealed, in its entirety; provided, however, that said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(< /