HomeMy WebLinkAbout485 - OrdinancesORDINANCENO. 485
AN ORDINANCE OF THE CITY OOUNCIL OF THE C/TY OF RANCHO
COCAFDNGA, CALIFORNIA, ADDING A NEW CFAPTER 9.24 TO THE
RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO MASSAGE
TECHNICIANS, ESTABLISHM~qTS AND SIMILAR BUSINESSES
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION 1: A new Chapter 9.24 hereby is added to the Rancho
Cucamonga Municipal Code to read, in words and figures, as follows:
"Chapter 9.24
"Massage Establishments and Technicians
"ART/CLE I - Massage Establishments
"Section
9.24.010
9.24,020
9.24.030
9.24.040
9.24.050
9.24.060
9.24.070
9.24.080
9.24.090
9.24.100
9.24.110
9.24.120
- Definitions
- Permit Required
- Same - Exceptions
- Massage Establishment - Application
- Same - Facilities
- Same - Inspections
- Same - Permit Not Assignable
- Same - Change of Location or Name
- Same - Notification of Change
- Same - Renewal of Permit
- Applicability of Regulations to Existing
Business
"ARIICLE II -Ma-c~ageTechnicians
"Section
9.24,200 -Massage Technicians - Permit Required
9.24,210 - Same -Application
9.24,220 - Same - Renewal
9.24.230 - Same - Notification by Technician
"ARTICLE III- Out Call Massage Services
"Section
9.23.300 - Out Call Massage Services - Special Endorsement
R~quired
9.23,310 - Same -Application
9.23,320 - Same - Records
"ARTICLE IV - Prohibited Conduct, Procedures, and Penalties
"Section
9.24.400 - Prohibited Conduct
9.24.410 - Suspensions Pending Revocation
9.24.420 - Revocation - Message Establishment Permit
9.24.430 - Same - Massage Technician Permit
Ordinance No. 485
Page 2
9.24,440 - Permit Denial/RevocationAppeal Procedure
9.24,450 - Burden of Proof at Hearing
9.24,460 - Penalties for Violation of Chapter
9.24,470 - Civil Remedies Available
9.24,480 - Severability
"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) 'Director' shall mean the Af~Linistrative Services Director
of the City of Rancho Cucamonga, or his or her designee.
"(b) 'Employee' means any and all persons, other than a massage
technician, who may render any service to the permittee, and who receives
c~_nsation from the permittee or his or her agent, and who have no physical
contact with the customers or clients.
"(c) 'Hearing Officer' shall mean the City Manager of the City
of Rancho Cucamonga, or his or her designee.
"(d) '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, heading, 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.
"(e) 'Massage Establishment' means any establishment having a
fixed place of business where any person, firm, association, partnership,
corporation engages in, conducts, or carries on, or permits to be engaged in,
conducted or carried on, any business of giving massages, baths, administra-
tion 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°
"(f) '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
baths, manipulation of the body, electric massage procedure, or similar
procedure.
"(g) 'Permittee' means any person, firm, partnership or corporation
having a permit issued hereunder.
"(h) '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 the California Education Code. A
school offering a correspondence course not requiring attendance shall not be
Ordinance No. 485
Page 3
deemed a 'recognized school'. The City of Rancho Cucamonga shall have the
right to confirm that the applicant ba-~ actually attended class in a
recognized school of massage.
"(i) 'Out Call Ma-~sage Service' me~_ns any businesswhere the primary
function of such ~usiness is to engage in or carry on massage, not at a fixed
location bat at a location designated bythe custcmer or client.
"Section 9.24.020 -PermitRequired
"(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 Rarr_ho
Cucamonga, the ope/~tion of a massage establishment as herein described,
without first having obtained a permit issued by the City of Rancho Cucamonga,
pursuant to the provisions hereinafter set forth. Said permit shall
immediately be surrendered to the Director upon suspension, revocation, or
expiration of said permit.
"(b) A permit issued pursuant to this Chapter 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 ~usiness license required by City
ordinance or any other permit required for such use including, bat 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 individualswhile engaged in theperformance of the duties of their
respective professions:
"(a) Physicians, surgeons, chiropractors, osteopaths, or
physical therapists who are duly licensed to practice their respective
professions in the State of California.
California.
,, (b)
Nurses registered under the laws of the State of
"(c) Barbers and beauticians who are duly licensed under the
laws of the State of California while engaging in practicewithinthe scope of
their licenses, except that this provision shall apply solelyto the massaging
of the neck, face, and/or scalp of the customer or client.
"(d) Hospitals, nursing homes, sanatoriums, 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.
Ordinance No. 485
Page 4
"Section 9.24,040 - Massage Establishment Application
"(a) Any person, corporation, or partnership desiring to obtain a
permit to operate amassage establishment shall make applicationunder penalty
of perjury to the Director. Prior to submitting such application, a nonre-
fundable fee in an amount established by City Council resolution shall be paid
to the City to defray, in part, the cost of the investigation and report
required by this Chapter. A copy of the receipt showing payment of the
required fee shall accompany the application.
"(b) The application and fee required under this Section shall be in
addition to any licanse, permit or fee required under any other Chapter of
this Code or ordinance heretofore or hereafter adopted.
"(c) The application for permit does not authorize conducting a
massage establishment until such permit has been granted.
"(d) Each applicant for a massage establishment permit shall subnit
the following information:
The full true name under which the business will be-
"2. The present or proposed address where the business is to be
"3. The applicant's full, true name, any other namesused, date
of birth, California Drivers License number or California identification
number, Social Security number, present residence address and telephone
number. The sex, height, weight, color of ha/r, 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, Territory, or State, the date of issuance of such a permit or license,
whether the permit or license w~s 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 law similar to and including California
Penal Code Section 290, or of conduct which is a violation of the provisions
of any state law similar to and including California Penal Code Sections 314,
315, 316, 318, 647, or any crime involving dishonesty, fraud, deceit, ormoral
turpitude.
"8. A cu,~plete definition of all services to be provided.
Ordinance No. 485
Page 5
"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 Incorpora-
tion 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 more than five percent (5%) 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 applicant, if a corporation, or partnership, shall
designate one ( 1 ) 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 (1) 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 determined
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.
"15. The Director may require the applicant to furnish finger-
prints when needed for the purpose of establishing identification. Any
required fingerprinting fee will be the responsibility of the applicant.
"16. Two (2) portrait ("passport") photographs of the
applicant, two (2) indhes by two (2) inches in size.
"17. A description of any other business to be operated on the
same premises, or on adjoining premises, owned or controlled by the applicant.
"18. The name and address of the owner and lessor of the real
property upon or in which the business is to be conducted. 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. 485
Page 6
"19. 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.
"20. The applicant shall suknit any change of address or fact
which may occur during the procedure of applying for a massage establishment
permit.
"21. The applicant, if an individual, or designated responsible
managing employee if a partnership or corporation, shall personally appear at
the Administrative Services De~=taent and produce proof that the application
fee has been paid and shall present the application containing the required
information as described in this Section.
"22. A certificate of cun~liance from both the City of Rancho
Cucamonga Oa~u~unity Development 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 responsi-
bility of the applicant.
"If the certificates of co~F~liance are not received by the'
Director within ninety (90) 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 entitlement for use shall be applied for and received
prior to the massage establishment permit becoming effective.
"23. The Director shall have up to sixty (60) 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 Chapter.
"(c) The applicant has not made a material misrepresenta-
tion in the application.
"(d) The applicant, if an individual, or any of the stock-
holders 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 co~etent jurisdiction of an offense involving conduct
which requires registration under California Penal Code Section 290, or of
conduct which is a violation of the provisions of California Penal Code
Sections 314, 315, 316, 318, 647, or any other crime involving dishonesty,
fraud, deceit, or moral turpitude.
"(e) The applicant has not had a massage est~_blishment,
massage technician, or other similar permit or license denied, revoked, or
suspended by the City, or any other State or local agency prior to the date of
approval.
"(f) The applicant is at least eighteen (18) years of age.
Ordinance No. 485
Page 7
"'(g) The massage es~hlishme_nt as proposed by the
applicant would cc~oly with all applicable'~, including, bat not limited
"24. If the Director, following investigatic~ of the applicant,
determines that the applicant does not fulfill the requirements as set forth
in this Chapter, the Director shall deny said application by dated written
notice to the applicant. The applicant shall have the right of appeal as set
forth in Section 9.24.440.
"Section 9.24.050 - Same - Operating ~uirements
'~o persel shall engage in, ~, cr 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. It shall be unlawful for any
owner, manager, operator, responsible managing employee, or permittee in
charge of or in control of a massage establiskment to employ or permit a
person to act as a massage tedmician who is not in possession of a valid,
unrevoked massage ~cian permit issued pursuant to this Chapter and which
is wurn clearly visible during working hours.
"(b) The possession of a valid Massage Establishment Permit does not
authcTize the ~ to perform work for which a Massage Technician Permit
is required.
"(c) Massage and beth operations shall be carried on or conducted,
and the premises shall be open, only between the hours of 7:00 o'clock a.m.
and 10:00 o'clockp.m.
"(d) A list of services available and the cost of such servioes
shall be posted in an open public place within the premises, and shall be
described in readily understandable lar~uage. No owner, manager, operator,
res133nsible 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 tba permit of
each eux] 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 ~ or
client, the name of the massage technician administering the treatment, and
the type of treatment administered. Such written recurd shall be maintained
only by officials charged with enf~ of this Chapter and shall be used
for no otbar purpose, includ/ng use of the file by owners arr] employees of the
establishment. 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 establi~t shall constitute a misdemeanor and
such persons shall be subject to the penalty of the provisions of this Chapter
Ord/nance No. 485
Page 8
in addition to any other penalties provided by law. Such records shall be
maintained on the premises of the massage est_ablishment for a period of two
(2)
"(g) Massage establishments shall at all times be equipped with an
adequate supply of clean, sanitary towels, coverings, and linens. Clean
linens shall not be used on more than one (1) ~ or client, unless such
towel or linen has first been laundered and disinfected. Disposable towels
and coverings shall not be used on more than one (1) ~ cr client.
Soiled linens and paper tc~els shall be deposited in separate, approved
receptacles.
"(h) If male and female custueers or clients are to be treated
simultaneously at the same massage establishment, a separate massage rocm or
rocks, separate dressing facilities and separate toilet facilities shall be
provided for male and female custceers or clients.
"(i) Wet and dry heat roems, steam or vapor rocm~ or cabinets,
toilet rocm~, shower and bath rooms, tanning booths, whirlpool baths and pools
shall be thoroughly cleaned and disinfected as ~ed, and at least c~ce each
day the premises are open, with a disinfectant approved by the San Bernard/no
County Health De~. Bathtubs shall be thoroughly cloned 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 repa/r and maintained in a clean and sanitary ccrrlition.
"(j) ~ utilized in performing massage shall not be used on
more than one (1) custemer ~r client unless such ]/lstl-umente have been
sterilized, using approved sterilizing methods.
"(k) All employees, including massage technicians, shall be clean,
and wear clean, non-transparent 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 during
business hours.
"(1) No person shall enter, be or remain in any part of a massage
esteblishment while in the possession of, consuming, uraer the influence of or
using any alcoholic beverage or drugs except pursuant to a prescription for
such drugs. The owner, operatoT, responsible managing employee, manager, or
permittee shall not permit any exAh person to enter or remain upon such
"(m) No massage establishment shall operate as a school of massage,
or use the same facilities as that of a sahool of massage.
"(n) No massage establishment granted. a permit under this Article
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 custcmers or clients that any
service is available other than those services described in Section
9.24.050(d) of this Article, nor shall any massage establishment cr cut call
massage service employ language in the text of suc~ advertising that would
reasonably suggest to a prospective patron that any service is available other
Ord~ No. 485
Page 9
"(o) No service emmerated in Sectic~ 9.24,050(d) of this Article
may be carried on within any cubicle, roen, bDoth or any area within a massage
establishment, which is fitted with a door capable of being locked.
"(p) All exterior doors shall remain unlocked frcm the interior side
during business hours.
"(q) A massage shall not be given and no custceer or client shall be
in the presence of a massage technician or other employee unless the
custamer's or client's genitals are fully covered by a non-transparent
covering and, in addition, a female ~'s or client's breasts are fully
cove d by a non- ent covering.
"(r) No massage establ~ shall be open for business without at
least one (1) massage technician on the premises at all times who is in
possession of a current, unrevoked permit.
"Section 9.24,060 - Same - Facilities
"Every massage establishment shall maintain facilities meeting all of
the following requirements:
"(a) Any signs shall be in conformance with the current c~cdinances
of the City of Rancho Cucamonga.
"(b) Minizum lighting shall be provided in accordance with Article
220 of the National Electric Code or successor provision or provisions, and,
in addition, enough lighting shall be provided in each rocm or enclosure where
massage services are performed on customers or clients to provide a minimum of
seventy-five foot (75') candle light intensity at three feet (3') above the
floor and the same shall be energized and operational at all times when
massage services are being performed therein.
,, (c)
Section 1105
Minimum ventilation shall be provided in accordance with
of the Uniform Building Code or successor provision or
"(d) Aaequate equipment for disinfecting and sterilizing instruments
used in performing the acts of massage shall be provided.
"(e) Hot and cold running water shall be provided at all times.
"(f) Closed cabinets shall be provided for storage of clean linens.
"(g) /~equate bathing, dressing, locker and toilet facilities shall
be provided for custceers or clients. A minimum of one (1) tub or shower and
a dressing room containing separate lockers which are capable of being locked
must be provided for each custceer or client. Separate toilets and wash
basins must be provided for male and female custcmers or clients.
"(h) A minimum of one (1) separate wa-~h 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.
Ordinance No. 485
Fage ',o
"(i) Fads used on massage tables shall be covered with a durable,
washable plastic or other waterproof material acceptable to the San Bernardino
County Health Department.
"(j) Proof of ccepliance with all applicable provisions of the
Rancho Cucamonga Municipal Code and all applicable laws, ordinances and
regulations shall be provided prior to the issuance of any permits.
"Section 9.24.070 - Sarae - Inspections
"The Chief of Police, Director of C~,.~,~'Lity Development, Directar and
the San Bernardino County Health ~, or their authorized representa-
tives, shall have the right 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 tbi~ Chapter.
"Section 9.24.080 - Permit Non-assigT~hle
"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 assign-
ment, shall be deemed to constitute a voluntary surrender of such permit and
such permit shall thereafter be deemed terminated and void; provided and
exce~cing, however, that if the permittee is a partnership and one (1) or more
of t~.e partners should die, one (1) or more of the surviving partners may
acquire, by purdlase or otherwise, the ~ of the deceased partner or
partners without effecting a surrender or termination of such permit and in
petrol er mal~ make application to the Director, together with the fee
original application providing all information as re~,]~ed for partners in the
first instahoe and, upon approval thereof, the transfer of the intarests of
one (1) 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 a person not listed on the application as a stockholder, the
permit shall be deemed terminated and void; provided, h~ever, the propoeed
transferee may sukmtit to the Director, together with a fee est~_blished 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.
"Section 9.24.090 - Change of Location or Name
"(a) A change of location of a massage establishment may be approved
by the Director provided all ordinances and regulations of the City of Rancho
Cucamo]~ are ccmplied with.
"(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 blilding or other place
of business of a massage esteblishment shall require c~pliance with Section
9.24.060 of this Article.
OrdinanceNo. 485
Page 11
"Section 9.24,100 - Massage Establishment Notification of Chan~e
"(a) The holder of the permit to operate or conduct a massage
est~_blishment shall notify the Director, in writing, of the name and address
of each person employed, including massage technicians, at such es~$blishment
within five (5) days of said person being employed.
"The requirements of this Section are in addition to the other
provisions of this Article, and nothing contained herein shall relieve the
permittee of the responsibility of ascerta~, prior to employment, whether
an employee h~ a current, unrevokedMassage 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 mast 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 Chapter shall subnit an
application for renewal thirty (30) days prior to the expiration thereof. The
renewal application shall be suhnitted 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
Chapter.
"Section 9.24,120 - Applicability of Regulations to Existing
"The provisions of this Article shall be applicable to all persons
and businesses described herein whether the described activities were
est~_blished before or after the effective date of this Article, except that
massage establishments legally in business prior to the effective date hereof
shall have One Hundred Eighty (180) calendar days or until the expiration of
their current business license, whichever is greater, to complywiththeterms
hereof.
ARTICLE II -MASSAGETECHNICIANS
"Section 9.24.200 - Massage 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 massaqe technician permit
holder shall be issued a photo identification badge which Qill 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.
Ordinance No. 485
Page 12
"Section 9.24.210 - Same - A~plication
"(a) Each applicant for a massage technician permit shall make
application under penalty of perjury to the Director. Prior to subhitting an
application, a nonrefundable fee as established by the City Council shall be
paid to help defray the costs of investigation and report required by this
Article. 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 Section or Chapter of this
Code.
"(c) The application for permit does not authorize the applicant to
practice massage until such permit has been granted.
"(d) Each applicant for a massage technician permit shall subnit the
following information:
"1. Each and every fact or inquiry set forth in Sections
9.24,040(d)3 through 9.24.040(d)7, inclusive, of Article I of this Chapter.
"2. Acceptable written proof that the applicant is at least
eighteen ( 18 ) years of age.
"(e) The applicant must furnish a diploma or certificate of
graduation from a minihum 100-hour course of instruction from either:
"1. A recognized school of massage as defined in Section
9.24,010(h) of Article I of this Chapter; or
"2. 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 m/nimum requirements prescribed by Title 5,
Division 21, 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 its State Board of Education.
"(f) 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, a separate application and
fee must be suhnitted.
"(g) Such other identification and 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) portrait ("passport,,) photographs of the applicant, two
(2) inches by two (2) inches in size.
"(i) The Direr 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.
Ordinance No. 485
Page 13
"(j) A certificate frcan 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 ~ and found to be
free of any contagious or c~u.unicable 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.
"(1) The Direr shall have up to sixty (60) calendar days to
investigate the application and the background of the applicant. Upon
completion of the investigation, shall grant the permit if he or she finds in
accordance with Section 9.24.040 (d) 23 (a) through (f) , inclusive; and
"1. The applicant ha~ furnished an acceptable diploma or
certificate of graduation from a recognized school; or
"2. The applicant ba-~ furnished written proof from a recognized
school that the minimum number of hours of instruction have been completed.
"(m) 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. Any applicant for a permit who is refused a permit by the Director
may appeal the denial as set forth in Section 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 expira-
tion thereof. Approval shall be contingent upon satisfactory ocmpliance with
all pertinent sections of this Article, including a current medical clearance.
A renewal fee as estsblished by the City Council shall be charged to defray,
in part, the cost of the renewal investigation required by this Article.
"Section 9.24.230 - Same - Notification by Technician
"If, during the term of a permit, the massage technician has any
change in information suhuitted during the original application, or renewal
thereof as the case may be, the massage technician shall notify the Director
of such change within ten (10) business days thereof, in writing.
"ARIICLE III - OUT CAT.]'. MASSAGE SERVICES
"Section 9.24.300 - Out Call Massaqe Services - Special Endorsement
Recuired
"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 approved 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.
Ordinance No. 485
Page 14
"Section 9.24.310 - Same - ADplication
"Any massage establishment or massage technician desiring to provide
out call massage services shall subnit to the Director, together with the
requisite nonrefundable 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 subnit detailed information setting forth the
manner and means of transporting, to and from the premises where out call
massage services are to he performed, the clean, sanitary towels, coverings
and linens, sterilized instruments to he utilized, as well as any suppbemen-
tary aids, equipment or devices to he utilized and the method(s) of disposal
thereof.
"Section 9.24.320 - Same - Records
"All massage technicians authorized to perform out call massage
services hereunder shall keep a written record, at the massage technician,s
principal place of business, a separate record of out call massage services
performed as required by, and subject to the restrictions of, Section'
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 PENALTIES
"Section 9.24.400 - Prohibited Conduct
"(a) It shall he unlawful for any massage technician to massage the
genital area of any customer or client or the breasts of any female custc~er
or client or for any massage establishment to allow or permit such massage.
"(b) Ma-~sage technicians shall he fully clothed in non-transparent
clothing at all times that shall not expose their genitals, pubic area,
buttocks, or chest.
"(c) It shall he unlawful for a massage technician to perform any
massage services at any location other than that location specified on the
massage technician permit.
"Section 9.24,410 - Suspension Pending Revocation
'"When the grounds for revocation under this Article are that the
permittee is suspected of immoral, improper, or otherwise objectioDable
conduct, the permit may he suspended until the revocation hearing procedure
has been completed.
"Section 9.24,420 - Revocation -Massage Establishment Permit
"The Direr shall revoke the massage establishnent 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
Ordinance No. 485
Page 15
employee thereof or any of the persons enumerated in Sections 9.24,040(d)12 or
9.24.040(d) 13 of Article I of this Chapter 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 of this Chapter or any lesser included offense. The
Director may revoke, after notice and hearing, a massage est~_blishment 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 Section 9.24,040(d)7 of Article I of this
Chapter. The Director shall provide the permittee with written notice of the
revocation or proposed revocation by certified mail addressed to the street
address of the massage est~_blishment as shown on the application.
"Section 9.24.430 - Same - Massage Technician Permit
"The Director shall 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 Section 9.24.040(d)7
of Article I of this Chapter or to a lesser included offense. The Director
may, after notice and hearing, revoke the massage technician permit of any
permittee if, on the basis of satisfactory evidence it shcTws that the
permittee h~m engaged in conduct constituting a violation of this Chapter or
any of the enumerated statutes set forth in Section 9.24.040(d)7 of Article I
of this Chapter. The Director shall provide the permitteewithwritten notice
of the revocation by certified mail addressed to the permittee at the address
of record shown on the massage technician permit application.
"Section 9.24.440 -PermitDenial/RevocationAppeal Procedure
"The applicant or permittee, as the case my be, within ten (10)
business days after receipt of denial of an application for a permit under
either Article I or Article II, hereof, or notice of revocation, may file an
appeal with the City Clerk to be take to the Hearing Officer. In the event
an appeal is filed within the ten (10) day time frame, a suspension may be in
effect until the final decision has keen rendered by the Hearing Officer.
"If the applicant or permittee fails to make an appeal within the ten
(10) day filing period provided herein, denial/revocation shall take effect
immediately uI~n 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 beenreinstated
by the Hearing Officer.
"Notice of such hearing shall be given in writing and mailed at least
ten (10) days prior to the date of the hearing, by certified mail, addressed
to the address listed on the massage establishment application, or massage
technician application, as the case may be.
Ordinance No. 485
Page 16
"The notice shall state the grounds of the complaint and shall state
the time and placewhere such hearingwill beheld.
"After said hearing, the Hearing Officer shall render a written
decision within ten (10) business days from the date the matter is subnitted
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 barden is on the
permittee/applicant in any hearing under this Article to prove that the deter-
mination of the Director which is being appealed is LlrlreasoD~hle, erroneous,
or clearly abusive of discretion. "'
"Section 9.24.460 - Penalties for Violation of 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
requirements of this Chapter. Any person, firm, partnership or corporation
violating any provisions of this Chapter or failing to comply with any of its'
requirements 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 beth such
fine and imprisonment. Each and every person, firm, partnership, or corpora-
tion shall be deemed guilty of a separate offense for each and every day or
any portion thereof during which any violation of any of the provisions of
this Chapter is cunmitted, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor as
provided in this Chapter.
"Section 9.24,470 - Civil Remedies Available
"The violation of any of the provisions of this Chapter 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 mannerprovidedby law fort he abatement of such nuisances.
"Section 9.24.480 - Severability
"The City Council declares that, should any provision, section,
paragraph, sentence or word of this Chapter be rendered or declared invalid by
any final court action in a court of co~etent jurisdiction, or by reason of
any preemptive legislative, the remaining provisions, sections, paragraphs,
sentences and words of this Chapter shall remain in full force and effect.,,
SECTION 2: The Mayor shall sign this OIxtinance and the City Clerk
shall cause the same to be Published within fifteen (15) days after its
passage at least once in the Inland Valley Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated in the City ofRancho Cucamonga, California.
OrdinanceNo. 485
Page 17
PASSe]3, APPROVE3, and ADOPTED this 4th day of March, 1992.
Alexander, Buquet, Stout, Williams, Wright
NOES: None
ABSenT: None
Dennis L. Stout, Mayor
I, DEBRA J. ADAMS, CITY cr.RRK of the City of Rancho Cucamonga,
California, 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
19th day of February, 1992, and was finally passed at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 4th day of March,
1992.
Executed this 5th day of March, 1992, at Rancho Cucamonga,
California.
'Z<zi, City Cl~
Dekra J. '_~4_/~ ~