Ordinance No. 1177ORDINANCE NO. 1177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CALIFORNIA AMENDING AND REPLACING CHAPTER 15A; AMENDING
TABLE 2-6 OF SECTION 2.06.030 OF SECTION 6 OF ARTICLE 2 OF
APPENDIX l; AMENDING SECTION 6.31.020 OF SECTION 31 OF
ARTICLE 6 OF APPENDIX I; ADDING SECTION 3.17.250 TO SECTION
17 OF ARTICLE 3 OF APPENDIX I; AND ADDING SECTION 5.25.260 TO
SECTION 25 OF ARTICLE 5 OF APPENDIX I OF THE CYPRESS
MUNICIPAL CODE RELATING TO THE REGULATION OF MASSAGE
ESTABLISHMENTS
WHEREAS, Chapter 15A of the Cypress Mu Code provides for regulations
pertaining to Massage Establishments, to ensure the future health, safety, and general
welfare of the City's residents; and
WHEREAS, on September 18, 2014, Governor Brown signed into law Assembly
Bill 1147 (hereinafter, "AB 1147"), which expanded local authority to adopt zoning
ordinances to regulate massage establishments run by CAMTC certified massage
therapists. The City has the ability to adopt and enforce zoning regulations specific to
massage establishments that do not necessarily apply to all other licensed professionals;
and
WHEREAS, one of the Legislature's intent is "that broad control over land use in
regulating massage establishments be vested in local governments so that they may
manage those establishments in the best interests of the individual community, and that
the requirements and practice of the profession of massage therapy remain a matter of
statewide concern, regulation, and oversight." (California Business and Professional
Code Section 4600.5.); and
WHEREAS, AB 1147 did not change the City's ability to regulate message
therapists who do not have a CAMTC certificate, but it did expand the City's ability to
regulate CAMTC certified massage therapists; and
WHEREAS, California Business and Professions Code Section 4612 limits the
City's ability to enact or enforce an ordinance that conflicts with Chapter 10.5 of Division
2 of the California Business and Professions Code ("Chapter 10.5") or Section 51034 of
the Government Code, but nothing in Chapter 10.5 prevents the City from licensing,
regulating, prohibiting, or permitting an individual who provides massage for
compensation without a valid certificate from the CAMTC; and
WHEREAS, Government Code Section 51034 prohibits the City from "Impos[ing]
a requirement that an individual holding a certificate issued in accordance with Chapter
10.5 (commencing with Section 4600) of Division 2 of the Business and Professions
Code, obtain any other license, permit, certificate, or other authorization to provide
massage for compensation. However, this paragraph shall not be construed to prohibit a
city, county, or city and county from requiring by ordinance that a massage business or
establishment obtain a license, permit, certificate, or other authorization in order to
operate lawfully within the jurisdiction.'; and
WHEREAS, the City Council recognizes the value of allowing massage
establishments, and the City Council also recognizes the continued need to regulate
these businesses to lessen the risk of injury to massage clients who may be injured by
improperly trained and/or uneducated massage therapists, and to lessen the risk of
prostitution and/or human sex trafficking; and
WHEREAS, the City Council held a duly noticed public hearing for the
consideration of this Ordinance on October 14, 2019; and
WHEREAS, the City Council considered all evidence presented at the public
hearing, including, but not limited to, both oral and written presentations and testimony by
members of the public and City staff; and
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WHEREAS, this Ordinance is consistent with the goals, policies, and objectives of
the general plan; and
WHEREAS, the City Council now deems it appropriate to adopt this Ordinance
updating and revising the City's massage regulations to ensure the future health, safety,
and general welfare of the citizens.
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain
as follows:
Section 1. That the recitals set forth above are true and correct and
incorporated herein by this reference.
Section 2. That Chapter 15A, "Massage Establishments," of the Cypress
Municipal Code is amended and replaced as follows:
"Sec. 15A-1. Findings and purpose.
The city council finds and declares as follows:
(a) The permit requirements and restrictions imposed by this chapter are reasonably
necessary to protect the health, safety and welfare of the citizens of the city.
(b) The city is authorized, by virtue of the state constitution, the provisions of the City
Charter and Government Code §§ 37100, 51030 et seq.; Business & Professions Code
§§ 460, 4600 through 4620 (Massage Therapy Act) and 16000; and Section 13 of the
Chiropractic Act (initiative measure approved by the electors November 7, 1922, as
amended) to regulate massage establishments, as defined in this chapter, to the extent
such businesses may be regulated by a charter city, by imposing reasonable standards
relative to the skill and experience of operators and certified massage providers and
reasonable conditions on the operation of the massage establishment.
(c) There is a significant risk of injury to massage clients by improperly trained and/or
educated certified massage providers and this chapter provides reasonable safeguards
against injury and economic loss.
(d) There is opportunity for acts of prostitution and other unlawful sexual activity to occur
in massage establishments. Courts have long recognized massage as a pervasively
regulated activity and that massage establishments are often brothels in disguise. The
establishment of reasonable standards for issuance of permits and restrictions on
operations would serve to reduce the risk of illegal activity.
(e) The restrictions and requirements contained in this chapter reduce the burdens on
the police department and permit the deployment of the police personnel such that more
serious crimes may be prevented and more important laws enforced.
(f) The regulations and restrictions contained in this chapter tend to discourage massage
establishments from degenerating into houses of prostitution as well as other illegal uses
and the means utilized in this chapter bear a reasonable and rational relationship to the
goals sought to be achieved.
(g) Nothing in this chapter is intended to regulate any person whose profession is
regulated by the state where the state expressly preempts local regulation and occupies
the field of such profession, and where the person is duly licensed and merely operating
within the scope of his or her licensure.
(h) To the fullest extent of the law, the City requires massage establishments to obtain
licenses and operators to obtain permits under this chapter.
Sec. 15A-2. Definitions.
For the purposes of the provisions regulating massage establishments and similar
businesses hereinafter set forth, unless the context clearly requires a different meaning,
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the words, terms and phrases set forth in this section shall have the meanings set forth
herein.
(a) California Massage Therapy Council (CAMTC) means the state organized non-profit
organization created to regulate the massage industry set forth in Chapter 10.5 of Division
2 of the Business and Professions Code of the state (commencing with Section 4600).
(b) CAMTC certificate means a current and valid certificate issued by the California
Massage Therapy Council to a certified massage provider.
(c) Athletic club means a properly licensed and permitted "health/ fitness center," as
same is defined in section 6.31.020 of article 6 of the Cypress Zoning Code.
(d) Beauty salon means a properly licensed and permitted "beauty salon/shop," as same
is defined in section 6.31.020 of article 6 of the Cypress Zoning Code.
(e) Chair massage means a massage administered to a client sitting upright in a chair
facing toward cushions, where the client remains fully clothed and no oils are used while
only shoulders, neck, upper back, head and arms are massaged.
(f) Day spa means a properly licensed and permitted "day spa," as same is defined in
section 6.31.020 of article 6 of the Cypress Zoning Code.
(g) License means the license to operate a massage establishment as required by this
chapter.
(h) Massage means the scientific manipulation of the soft tissues, as defined by Business
and Professions Code § 4601(e).
(i) Massage establishment means a fixed location where massage is performed for
compensation, excluding those locations where massage is only provided on an out -call
basis, as defined by Business and Professions Code § 4601(f).
(j) Certified massage provider means a "massage practitioner" or "massage therapist'
certified by the CAMTC in accordance with the Massage Therapy Act, as those terms are
defined by Business & Professions Code § 4601.
(k) Operator Permit means the permit issued by the police chief allowing a person to own
or manage a massage establishment.
(1) Person means any individual, firm, association, partnership, corporation, joint venture
or combination of individuals.
(m) Person who has engaged in disqualifying conduct means a person who
(1) Within eight (8) years immediately preceding the date of filing of the application
in question or, in the case of revocation or suspension proceedings, within eight (8) years
of the date of notice of hearing pursuant to section 15A-26, has been convicted in a court
of competent jurisdiction of:
a. Any misdemeanor or felony offense which relates directly to the
operation of a massage establishment, whether as a massage establishment Operator or
as a certified massage provider; or
b. Any felony the commission of which occurred on the premises of a
massage establishment.
(2) Within eight (8) years immediately preceding the date of the filing of the
application in question or, in the case of revocation or suspension proceedings, within
eight (8) years of the date of notice of revocation or suspension hearing, whichever is
applicable, has had any equivalent massage establishment, operator, technician,
practitioner, or trainee license or permit, which was issued by the CAMTC, or any county
or city, revoked.
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(3) Within eight (8) years immediately preceding the date of the filing of the
application, or in the case of revocation or suspension proceedings, within eight (8) years
of the date of notice of revocation or suspension hearing, whichever is applicable, has
been convicted, including pleas of nolo contendere in a court of competent jurisdiction of:
a. Any violation of Penal Code §§ 266h, 266i, 314, 315, 316, 318, 653.22,
653.23, or § 647(a), (b), or (d); or
b. An attempt to commit or conspiracy to commit any of the above
mentioned offenses; or
c. Any offense in a jurisdiction outside the State of California which is the
equivalent of any of the aforesaid offenses; or
d. Any felony offense involving the sale of a controlled substance specified
in health and Safety Code §§ 11054, 11055, 11057 or 11058; or
e. A violation of any provision of law pursuant to which a person is required
to register under the provisions of Penal Code § 290; or
f. Any crime committed while engaged in the management or ownership
of a massage establishment or the practice of massage; or
g. A violation of Health & Safety Code § 11550 or any offense involving
the illegal sale, distribution or possession of a controlled substance specified in Health &
Safety Code §§ 11054, 11055, 11056, 11057 or 11058; or
h. Any offense under a statute of any state or ordinance of any city or
county, which is the equivalent of any of the aforementioned offenses, including Business
& Profession Code § 4609(a).
(4) Is required to register under the provisions of Penal Code § 290.
(5) Has been subjected to a permanent injunction against the conducting or
maintaining of a nuisance pursuant to Penal Code §§ 11225 through 11235, or any similar
provisions of law in a jurisdiction outside the State of California.
(6) Has engaged in conduct which would constitute an offense as described in
paragraphs (a) or (c) of this subsection, within eight (8) years immediately prior to the
filing of any application, or within eight (8) years of the date of notice of revocation or
suspension, whichever is applicable.
(n) Recognized school of massage means the same as "approved school' or "approved
massage school' as defined by Business & Profession Code § 4601.
(o) Reserved
(p) Operator means all persons who own or manage a massage establishment, as the
case may be.
(q) Reception area means an area immediately inside the main entry door of the massage
establishment dedicated to the reception and waiting of patrons and visitors of the
massage establishment and which is not a massage room or otherwise used for the
provision of massage services.
(r) Sole provider means a massage business where the owner owns 100% of the
business, is the only person who provides massage services for compensation for that
business pursuant to a valid and active CAMTC certificate, and has no other employees
or independent contractors, as defined by Business & Professions Code § 4601(i).
(s) Owner means all of the following:
(1) The sole proprietor of a massage establishment, i.e., where the owner is
the only person performing massage at that establishment;
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(2) In the case of a general business, each owner of the business;
(3) In the case of a corporation, each stockholder holding more than 10% of the
corporation and each officer and director of the corporation;
(4) In the case of a partnership, each partner, excluding limited partners owning
less than ten (10) percent of the partnership, and where a partner is a corporation, the
above provisions pertaining to a corporate applicant apply.
An owner must have a valid operator permit.
(t) Manager means the person(s) designated by the owner of the massage establishment
to act as the representative and agent of the owner in managing day-to-day operations
with corresponding responsibilities. Evidence of management includes, but is not limited
to, the ability of the individual to direct or hire and dismiss employees, control hours of
operation, create policy or rules or purchase supplies, and ensure that the massage
establishment complies with the requirements of this code and of other laws. A manager
may also be an owner. A manager must have a valid operator permit.
(u) Patron means an individual on the premises of a massage establishment for the
purpose of receiving a massage.
(v) Visitor means a nonemployee who has entered the massage establishment for
purposes other than receiving services.
Sec. 15A-3. Massage establishment license, operator permit, and CAMTC
certificate required.
(a) Massage Establishment License Required. Except as otherwise provided in this
Chapter, it is unlawful for any person to engage in, conduct or carry on, in or upon any
premises within the city the operation of a massage establishment without a massage
establishment license obtained from the city as required by this Chapter 15A. A separate
license shall be obtained for each separate massage establishment operated by such
person. Upon payment of the appropriate license application fee, a massage
establishment license shall be issued to any person who has complied with the
requirements of this chapter, and all other applicable provisions of the Cypress Municipal
Code, unless grounds for denial of such license are found to exist.
(b) Operator Permit Required. Except as otherwise provided in this Chapter, no person
shall own or manage any massage establishment in any location within the city without
first having obtained an operator permit in accordance with Section 15A-15. An operator
permit must be obtained for each owner and each manager of a massage establishment
or proposed massage establishment.
(c) CAMTC Certificate Required. No person shall provide massage services for
compensation, including out -call massage services, from any location in the city without
having been issued a CAMTC certificate.
Sec. 15A-4. Massage establishment license and Operator Permit application fee
and term.
Any application for a massage establishment license or operator permit shall be
accompanied by a nonrefundable fee, in an amount established by resolution of the city
council. The application fee shall be used to defray the costs of investigation and report.
Massage establishment licenses and operator permits shall be renewed annually. The
licensee shall pay a renewal fee for such renewal, in an amount established by city council
resolution.
Sec. 15A-5. Application for massage establishment license.
(a) Any application for a massage establishment license shall be made with the city chief
of police or designee (hereinafter police chief).
(b) The application shall set forth the exact name of the massage establishment, phone
number of the massage establishment, nature of the massage, bath or health treatments
to be administered at the massage establishment, the proposed place of business and
facilities of the massage establishment, and the current name, including all aliases, and
address of the applicant. The applicant must be required to furnish fingerprints for
purposes of establishing identification. The applicant shall also furnish the following
information:
(1) All previous addresses of applicant, if any, for a period of eight (8) years
immediately prior to the date of the application and the dates of residence at each.
(2) Written proof that the applicant is at least eighteen (18) years of age.
(3) A description of any other business operated on the same premises, or within
the City of Cypress or the State of California which is owned or operated by the applicant.
(4) The history of the applicant as to the operation of any massage establishment
or similar business or occupation within eight (8) years immediately preceding the filing
of the application. Such information shall include, but shall not be limited to, a statement
as to whether or not such person, in previously operating a massage establishment within
this state under a permit or license, has had such permit or license revoked, suspended
or expired, and the reasons therefor; and the business, activity or occupation the license
applicant engaged in subsequent to such action of revocation, suspension or expiration.
(5) All criminal convictions or offenses described in section 15A-2; including those
dismissed or expunged pursuant to Penal Code § 1203.4, but excluding minor traffic
violations; whether the applicant is required to register under the provisions of Penal Code
§ 290; whether the applicant, including a corporation or partnership, or a former employer
of the applicant while or employed, or a building in which the applicant was so employed
or a business conducted, was ever subjected to an abatement proceeding under Penal
Code §§ 11225 through 11235 or any similar provisions of law in a jurisdiction outside the
State of California.
(6) Applicant's height, weight, color of eyes and hair.
(7) Two (2) prints of a recent passport -size photograph of applicant.
(8) Business, occupant or employment history of the applicant for the eight (8)
years immediately preceding the date of the application.
(9) The type of ownership of the business; i.e., whether by individual, partnership,
corporation or otherwise. If the applicant is a corporation, the name of the corporation
shall be set forth exactly as shown in its articles of incorporation, together with the names
and residence addresses of each of its officers, directors, and each stockholder holding
more than five (5) percent of the stock of the corporation, along with the amount of stock
held. If the applicant is a partnership, the applicant shall set forth the name and residence
addresses of each of the partners, including limited partners. If it is a limited partnership,
it shall furnish a copy of its certificate of limited partnership filed with the Secretary of
State. If one (1) or more of the partners is a corporation, the provisions of this section
pertaining to a corporate applicant shall apply. The applicant corporation or partnership
shall designate one (1) of its officers or general partners to act as its responsible
managing officer. Such designated persons shall complete and sign all application forms
required for an individual applicant under this chapter, but only one (1) application fee
shall be charged.
(10) The names and residence addresses of all persons currently employed or
intended to be employed in the massage establishment, regardless of the nature of the
employment, including the names and addresses of any operators and certified massage
providers, along with the proposed or actual nature of the work performed or to be
performed, and recent passport -sized photographs, suitable to the police chief processing
the application, of each such employee. Any applicant or licensee shall notify the city in
writing of the names, addresses and nature of the work, or any new employees, within
five (5) days of such employment, and supply the photographs described in this
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subsection. "Employee" includes every owner, partner, manager, supervisor and worker,
whether paid or not, who renders personal services of any nature in the operation of a
massage establishment.
(11) 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.
(12) Authorization for the city, its agents and employees to such verification of the
information contained in the application.
(13) Such other information as the police chief may deem necessary.
(14) A statement in writing by the applicant that he or she certifies under penalty
of perjury that the foregoing information contained in the application is true and correct,
said statement being duly dated. If, during the term of the license, the licensee has any
change in information submitted on the original or renewal application, the licensee shall
notify the police department of such change within ten (10) business days in writing.
(15) The proposed hours and days of operation.
(c) Licenses issued pursuant to this section shall remain in effect, unless revoked, for a
period of one (1) year. Applications for the renewal of a license shall be filed on a form
supplied by the city with the police chief. Temporary licenses shall not be issued and
expired licenses are not valid unless the operator has a written receipt showing that the
renewal application was filed at least 30 days prior to expiration, without action having
been taken by the police chief. Renewal applications shall be signed under penalty of
perjury and shall be accompanied by a nonrefundable filing fee established by resolution
of the City Council. A licensee shall be required to update the information contained in his
or her original license application, provide any new and/or additional information as may
be reasonably required by the police chief in order to determine whether the license
should be renewed, including all information required. If requested, a new photograph
shall be supplied. Failure to provide this documentation and comply with these
requirements shall be grounds for nonrenewal of the license. It is the operator's obligation
to keep track of when the renewal is due and to renew in a timely fashion.
Sec. 15A-6. Granting or denial of massage establishment license.
(a) Within sixty (60) working days following receipt of a completed application, the police
chief shall approve, conditionally approve the license or mail a written statement of his or
her reasons for denial thereof. The sixty(60) day period may be extended for up to thirty
(30) additional days, if necessary to complete the investigation.
(b) The police chief shall deny a license to the applicant where any of the following
findings exist:
(1) The applicant has made one (1) or more material misstatements in the
application for a license.
(2) The applicant, if an individual, or the stockholders holding more than five (5)
percent of the stock of the corporation, the officers and directors, and each of them, if the
applicant be a corporation, or the partners, including limited partners, and each of them,
if the applicant be a partnership; and the manager or other person principally in charge of
the operation of the business, or any such individuals, is a person who has engaged in
disqualifying conduct, in the past eight (8) years, as described in paragraph (h) of section
15A-2.
(3) The massage establishment, as proposed by the applicant, if permitted, would
not comply with all the applicable laws, including, but not limited to, all the city's building,
fire, zoning, and health regulations.
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(4) The applicant is lacking in the background and qualifications to conduct a valid
massage establishment.
(5) Any person to be employed by applicant are persons who have engaged in
disqualifying conduct as described in section 15A -2(h).
(6) The applicant has violated any provision of this chapter, or any similar
ordinance, law, rule, or regulation, including conduct which would constitute grounds for
denial, suspension or revocation, of any other public agency which regulates the
operation of massage establishments.
(7) The applicant is less than eighteen (18) years of age.
(c) If the application is denied for failure to comply with section 15A -5(b)(3) or (4) above,
the applicant may not reapply for a period of six (6) months from the date the application
was denied.
Sec. 15A-7. Massage establishment facilities and operations requirements.
All massage establishments shall comply with the following facilities and operations
requirements:
(a) Massage establishments shall comply with all applicable Code requirements.
(b) Adequate dressing, locker, and toilet facilities shall be provided for patrons. A
minimum of one (1) dressing room containing a separate locker for each patron to be
served, which locker shall be capable of being locked, as well as a minimum of one (1)
toilet and one (1) washbasin, shall be provided by every massage establishment;
provided, however, that if male and female patrons are to be served simultaneously at
the massage establishment, a separate massage room, or rooms, separate dressing and
separate toilet facilities shall be provided for male and for female patrons.
(c) Cabinets or other covered space shall be provided for the storage of clean linen.
Approved receptacles shall be provided for the storage of all soiled linen and paper
towels.
(d) Minimum ventilation shall be provided in accordance with the applicable building code
of the city. To allow for adequate ventilation in cubicles, rooms and areas provided for
patrons' use, which are not serviced directly by required windows or mechanical systems
of ventilation, partitions shall be constructed so that the height of partition does not exceed
seventy-five (75) percent of the floor -to -ceiling height of the area in which they are located.
(e) All plumbing and electrical installations shall be installed under permit and inspection
of the buildings inspection department, and such installations shall be installed in
accordance with the applicable Uniform Building Code, Uniform Plumbing Code and other
applicable codes.
(f) The walls in all rooms where water or steam baths are given shall have a washable,
mold -resistant surface.
(g) All lavatories or wash basins shall be provided with hot and cold running water, soap
and single service towels in wall -mounted dispensers.
(h) All massage establishments shall be provided with clean and sanitary towels, sheets
and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than
one (1) person. Reuse of such linen is prohibited unless the same has first been
laundered. Heavy white paper may be substituted for sheets; provided that such paper is
used once for each person and then discarded into a sanitary receptacle.
(i) All walls, ceilings, floors, pools, bathing facilities (e.g., showers or bathtubs), steam
rooms and all other physical facilities including appliances and apparatuses for the
establishment must be in good repair and maintained in a clean and sanitary condition.
Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower
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compartments and toilet rooms shall be thoroughly cleaned and disinfected each day the
business is in operation. Bathing facilities shall be thoroughly cleaned and disinfected
after each use.
0) Disinfecting agents and sterilizing equipment shall be provided for any instruments
used in performing acts of massage and said instruments shall be disinfected and
sterilized after each use.
(k) Pads used on massage tables shall be covered with durable, washable plastic or
other acceptable waterproof material.
(1) To assure patrons' health, safety, sanitation and comfort, all employees, certified
massage providers shall not be dressed in attire that is in violation of Business and
Professions Code § 4609(a)(1). No certified massage provider shall engage in any activity
in violation of Business and Professions Code § 4609, nor shall any operator of a
massage establishment allow or permit such activities.
(m) Each service offered, the price thereof, and the minimum length of time such service
shall be performed shall be posted in a conspicuous public location in each massage
establishment. All letters and numbers shall be capitals, and not less than one (1) inch in
height. No services shall be performed and no sums shall be charged for such services
other than those posted. All arrangements for services to be performed shall be made in
a room in the massage establishment which is not used for administration of massages,
baths or health treatments, unless no other room exists in the establishment. No certified
massage provider shall, after the commencement of any service for any patron, advise,
suggest or otherwise indicate to such patron that any additional service is available, or
ask or inquire of such patron whether such patron desires any additional service to be
performed. No certified massage provider shall perform any service for any patron which
was not ordered by such patron prior to the commencement of performance of any service
rendered.
(n) No massage establishment shall be kept open for business between the hours of 9:00
p.m. and 7:00 a.m.
(o) No alcoholic beverages shall be sold, served, furnished, kept or possessed on the
premises of any massage establishment.
(p) A certified massage provider may conduct out -call massages. No additional massage
service shall be performed for any patron beyond that service which is specifically
described in writing whether such patron desires any additional service to be performed.
A massage establishment license may be suspended or revoked for off-site massages
based upon any of the grounds set forth at section 15A-25.
(q) Reserved.
(r) Personnel Lists.
(1) Within seven (7) calendar days of receiving a massage establishment license,
the operator shall provide the police chief with a complete list of all certified massage
providers who are working or will work, be employed, or provide massage services in the
massage establishment along with a copy of their CAMTC certificate and identification
card, as well as with the name and residence address of the manager principally in charge
of the operation of the massage establishment and of any other manager.
(2) The operator shall have a continuing obligation to notify the police chief in
writing of any changes in certified massage providers, employees, and managers within
seven (7) calendar days of such change.
(3) The operator shall maintain copies of each certified massage provider's valid
CAMTC certificate and identification card on file on the premises of the massage
establishment which shall be available to any individual upon request, including but not
limited to employees of the city. Additionally, the operator shall be required to file copies
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of each CAMTC certificate and identification card with the police chief within seven (7)
days of a certified massage provider beginning to work at the massage establishment.
Information required by this section shall be maintained at the massage establishment for
a minimum of two (2) years following the date that the person ceases providing
services/employment to the massage establishment.
(4) The operator shall maintain on the premises of the massage establishment a
register of all non-CAMTC certified persons employed, working or providing other
services at the massage establishment. The register shall be maintained for a minimum
of two (2) years following the time that the person ceases providing services/employment
to the massage establishment. The operator shall make the register immediately available
for inspection upon demand of a representative of the police chief, any health officer, or
any other official charged with enforcement of this chapter. The register shall include but
is not limited to the following information:
(i) Name, nicknames, and/or aliases;
(ii) Home address and relevant phone number, including but not limited
to home, cellular, and pager numbers;
(iii) Age, date of birth, gender, height, weight, color of hair and eyes;
(iv) The date such person began employment or providing services, and
the date such person ended employment or stopped providing services, if any;
(v) The duties of each person; and
(vi) In a separate portion of the register, Social Security numbers,
resident alien ("green") card numbers, United States passport numbers, California
Driver's License numbers, California identification card numbers, or such other
identification numbers as approved by the police chief, which shall only be available for
review by the police chief or other law enforcement personnel, but not health officers or
other officials charged with the enforcement of this chapter.
(s) No operator shall hire, employ, or allow a person to perform massage services unless
such person possesses a valid CAMTC certificate. Each operator of a massage
establishment shall verify that all persons hold the appropriate CAMTC certificate required
by this chapter.
(t) An operator shall be at the massage establishment at all times when the massage
establishment is open for business.
(u) Patrons and visitors shall only be permitted in the massage establishment during the
hours of operation.
(i) Visitors shall only be permitted in the reception area of the massage
establishment.
(ii) Patrons shall only be permitted in massage treatment areas if at least one
(1) certified massage provider is on the premises.
(v) During hours of operation, no person other than a valid permit holder under this
chapter, a certified massage provider, or a patron shall be allowed beyond the reception
area of the massage establishment.
(w) Where a covering is furnished by the massage establishment, it shall not be used by
more than one (1) patron until it has first been laundered and disinfected.
(x) Every massage establishment shall keep a written record of the date and hour of each
treatment administered, the name and address of each patron, the name of the certified
massage provider administering treatment, and the type of treatment administered, to be
recorded on a patron release form. Such written record shall be open to inspection by
officials charged with enforcement of this chapter. Such records shall be kept on the
10
premises of the massage establishment for a period of two (2) years. In the event the
massage establishment relocates, the records shall be retained at the new location.
(y) No part of the massage establishment shall be used for residential or sleeping
purposes.
(z) Only professional massage tables may be placed in massage rooms and utilized for
massage services. The tables must have a minimum height of eighteen (18) inches. Beds,
mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are
not permitted on the premises.
Sec. 15A-8. Application to existing massage establishments.
(a) Each owner or operator of a massage establishment legally doing business on the
effective date of this chapter shall apply for a massage establishment license not later
than ninety (90) days therefrom, and shall comply with all requirements which are
prerequisites for issuance of a license before such a license will issue.
(b) Each operator of a massage establishment legally doing business on the effective
date of this chapter shall apply for an operator permit not later than ninety (90) days
therefrom, and shall comply with all requirements which are prerequisites for issuance of
a permit before such a permit will issue.
Sec. 15A-9. Inspection by officials.
Any and all investigating officials of the city shall have the right to enter massage
establishments from time to time during regular business hours to make reasonable
inspections to observe and enforce compliance with building, fire, electrical, plumbing or
health regulations, and to ascertain whether there is compliance with the provisions of
this chapter.
Sec. 15A-10. Issuance of notice of violation.
Whenever the police chief or his or her authorized representative, makes an inspection
of a massage establishment and finds that any provision of this chapter has been violated,
the police chief shall give notice of such violation by means of an inspection report or
other written notice. In any such notification, the police chief shall:
(a) Set forth the specific violation or violations found.
(b) Establish a specific and reasonable period of time for the correction of the violation
or violations. If the police chief determines that the violation or violations are minor in
nature, the police chief may issue a warning to the licensee or permittee, that any further
violation of this chapter may result in the filing of a complaint for revocation or suspension
of the license or permit.
(c) State that failure to comply with any notice issued in accordance with the provisions
of this chapter may result in the police chief filing a complaint for revocation or suspension
of the license or permit.
Sec. 15A-11. Business name.
No person licensed to operate a massage establishment shall operate under any name
or conduct business under any designation not specified in the license.
Sec. 15A-12. Business location change.
Upon a change of location of a massage establishment, an application to the police chief
shall be made, and such application shall be granted, provided all applicable provisions
of this chapter are complied with, and a change of location fee in an amount established
11
by city council resolution to defray the costs of investigation and report has been paid to
the city.
Sec. 15A-13. Sale or transfer of massage establishment interest.
A sale or transfer of any interest in a massage establishment, which interest would be
reported as required in this chapter upon application for a massage establishment license,
shall be reported to the police chief within ten (10) days of such sale or transfer. The
police chief shall investigate any person receiving any interest in a massage
establishment as a result of such sale or transfer, and if such person satisfies the
requirements relating to massage establishment license applicants, the existing license
shall be endorsed to include such person. A fee as set forth by resolution of the city
council shall be paid to the city for the investigation by the police chief necessitated by
each such sale or transfer.
Sec. 15A-14. Display of permits, licenses.
The operator of a massage establishment shall display the massage establishment
license and each operator permit for each operator employed in the establishment in an
open and conspicuous place on the premises. Passport -size photographs of each
operator shall be affixed to the respective operator permit on display pursuant to this
section. The operator shall also clearly display the relevant operator on duty.
Sec. 15A-15. Operator Permit Required.
(a) It shall be the responsibility of each and every operator to have a working knowledge
of the city's regulations relating to massage establishment operations and be responsible
for the day-to-day operation of the business.
(b) Application; contents. Applicants for operator permits shall submit the following
information to the police chief on a form supplied by the police chief:
(1) The full true name of the applicant;
(2) A complete statement listing and explaining any and all aliases and fictitious
names used by the applicant within the ten (10) years immediately preceding the
application;
(3) The current residence address and business address and current residence
and business telephone number of the applicant;
(4) The name and address of the massage establishment for which the operator
permit is sought;
(5) A list of all previous residential and business addresses for a minimum of eight
(8) years immediately preceding the present address of the applicant and the dates of
residence for each address;
(6) The applicant's place of birth, and original documentation to verify both the
applicant's identity and employment authorization (if applicable), as listed under 8 U.S.C.
1324a(b)(1) and 8 C.F.R. part 274a.2(b)(1). Documentation to satisfy this requirement may
include, but is not limited to, a California driver's license, California identification card,
social security card, resident alien ("green") card, United States passport (unexpired or
expired), unexpired foreign passport that contains a temporary 1-551 stamp, or an
unexpired employment authorization document issued by the United States government
in compliance with 8 C.F.R. part 274a.2(b)(I)(v)(A);
(7) The history of the applicant as to any similar business or occupation within ten
(10) years immediately preceding the filing of the application. Such information shall
include, but not be limited to, the names and addresses of any other massage
establishments or similar businesses the applicant has owned, managed, provided
massage services at, or worked at, whether the applicant has had a permit or license to
operate, manage, provide massage services at, or work at a massage establishment
12
333
denied, revoked, or suspended in any jurisdiction; the reasons for any such denial,
revocation, or suspension; and the business, activity, or occupation the applicant
engaged in subsequent to such denial, revocation, or suspension;
(8) All criminal convictions within the last ten (10) years, excluding minor traffic
violations, and the date and place of each such conviction and reason therefor;
(9) Such other reasonable identification and information as the police chief may
require in order to discover the truth of the matter specified as required to be set forth in
the application;
(c) The applicant shall supply a photograph as directed by the police chief; and
(d) Once the information required by this section is submitted, the applicant shall have
his or her fingerprints taken for a criminal history background (Livescan) check in the
manner directed by the police chief.
(e) The applicant shall take and pass a written test on the requirements of this chapter
to ensure the applicant understands his or her duties under this chapter. A score of
seventy (70) percent or better is required on each section of the written test. An applicant
who fails to pass this test shall not be eligible to take another examination until sixty (60)
days after the previous examination. An applicant who fails to pass upon a second attempt
shall not again be eligible until six (6) months thereafter.
(f) The police chief shall issue the operator permit, unless after investigation he or she
makes any of the following findings:
(1) The applicant has failed to provide information, documentation, and
assurances required by this chapter or by the police chief; has failed to reveal any fact
material to qualification; or has supplied information that is untrue or misleading as to a
material fact pertaining to the qualification criteria; or
(2) The applicant is a person who has engaged in disqualifying conduct; or
(3) There is substantial evidence that the applicant has engaged in disqualifying
conduct, even if there is no conviction for such conduct; or
(4) The applicant has violated any provision of this chapter, or any similar
ordinance, law, rule, or regulation of any other public agency which regulates the
operation of massage establishments; or
(5) The applicant is not at least eighteen (18) years of age; or
(6) The applicant is delinquent in paying city fees or penalties owed in relation to
any permit issued pursuant to this chapter.
(7) The applicant has not passed the test required by Section 15A -15(e).
(g) If the criminal history background check report and/or information supplied by
CAMTC, as may be applicable, demonstrates that the applicant has made any false,
misleading, or fraudulent statement of material fact in the permit application or in any
report or record required to be filed therewith, or discloses any disqualifying conduct, the
permit shall be subject to denial.
(h) CAMTC Certificate Holder Exception. An individual who owns or manages a massage
establishment shall not be required to obtain an operator permit as provided in this
Section if he or she has a valid CAMTC certificate .
(i) Permits issued pursuant to this section shall remain in effect, unless revoked, for a
period of one (1) year. Applications for the renewal of a permit shall be filed on a form
supplied by the city with the police chief. Temporary permits shall not be issued and
expired permits are not valid unless the permittee has a written receipt showing that the
renewal application was filed at least 30 days prior to expiration, without action having
been taken by the police chief. Renewal applications shall be signed under penalty of
13
SO 8
perjury and shall be accompanied by a nonrefundable filing fee established by resolution
of the City Council. A permittee shall be required to update the information contained in
his or her original permit application, provide any new and/or additional information as
may be reasonably required by the police chief in order to determine whether the permit
should be renewed, including all information required by Section 15A -15(b) or (h), and, in
the case of a permittee who does not have a valid CAMTC certificate, shall take and pass
the test pursuant to Sections 15A -15(e). If requested, a new photograph shall be
supplied. Failure to provide this documentation and comply with these requirements shall
be grounds for nonrenewal of the permit. It is the operator's obligation to keep track of
when the renewal is due and to renew in a timely fashion.
Q) Any decision to deny or not renew an operator permit shall be made in writing and
shall set forth the reasons for the decision. The notice shall include a statement of appeal
rights.
(k) Every person to whom an operator permit has been granted pursuant to this chapter
shall be issued an identification badge by the police chief which shall contain the person's
name, photograph, expiration date, and any other information deemed necessary by the
police chief. The badge shall be worn so as to be readily visible at all times while on the
premises of the massage establishment.
(1) Operator permits issued pursuant to this chapter may not be assigned or transferred
to another individual or location.
(m) It is the duty of each operator to notify the police chief whenever there is a change in
information which was required to be submitted in the application for the operator permit
in the first instance. Such notification shall be in writing and made within ten (10) business
days of the change on a form provided by the city.
(n) Each operator of a massage establishment shall be responsible for the conduct of all
employees and independent contractors working on the premises of the massage
establishment. Failure of the employees or independent contractors of a massage
establishment to comply with this chapter may result in the revocation of the operator's
permit.
(o) The operator of the massage establishment is responsible for verifying that all persons
hold the appropriate CAMTC certificate as required by this chapter.
(p) Any requirement of this chapter applying to an operator shall apply to each and every
operator of a massage establishment.
Sec. 15A-16. Reserved
Sec. 15A-17. Reserved
Sec. 15A-18. Reserved
Sec. 15A-19. Property Owner Responsibilities.
(a) A property owner shall not permit a massage establishment to operate on his or
her property in violation of this chapter.
(b) If a property owner is notified in writing by the City of violations of this chapter, then
the property owner shall take all necessary steps to ensure compliance with this chapter
and all applicable law. If a property owner fails to take all necessary steps for compliance
with this chapter and all applicable law within thirty (30) days after receiving written notice
from the City, then the City may pursue all available enforcement actions against the
property owner, including, but not limited to, Section 15A-30 and any applicable fines, to
the fullest extent as allowed by law.
Sec. 15A-20. Notices.
14
(a) All notices required to be given pursuant to this chapter shall be served on the
responsible party (i.e., permittee, applicant, appellant, or a representative thereof) either
by personal delivery or by deposit in the United States mail in a sealed envelope postage
prepaid addressed to such responsible party as the name and address appear in the most
recent application on file with the city. Service by mail shall be deemed to have been
completed on the date deposited in the mail. Notices shall include information regarding
appeal rights and a statement that the failure to file an appeal shall constitute a failure to
exhaust administrative remedies.
(b) In all cases where the license holder is not the property owner, notices shall also
be sent to the property owner of record where the notice relates to possible closure of the
business due to suspension or revocation.
Sec. 15A-21. Appeals to the City Manager.
(a) Appeals.
(1) Appeals from any decision of the police chief under this chapter shall
be in writing, shall clearly state the applicable basis for the appeal
and shall be filed with the City Clerk no later than ten (10) calendar
days following the date of the notice.
(2) The City Clerk shall not accept an appeal, and no hearing shall be
held, unless the appellant has paid a filing fee, in an amount set by
resolution of the City Council, to defray the cost of such appeal. Any
appeal without the timely payment of fees shall be considered to be
untimely.
(3) The scope of the appeal hearing pursuant to this section shall be
limited to those issues raised by the appellant in the written appeal,
as submitted pursuant to Section 15A -21(a)(1).
(b) City Manager action.
(1) Upon receipt of a timely filed appeal, the City Clerk shall set the
matter for hearing before the City Manager. The hearing shall be held
not fewer than ten (10) calendar days nor more than forty five (45)
calendar days from the date of the appeal request. The hearing may
be continued from time to time upon the mutual consent of the
parties.
(2) The appellant shall be provided with notice of the time and place of
the appeal hearing, as well as a copy of all relevant materials at least
seven (7) calendar days prior to the hearing.
(3) At the time of such hearing, the City Manager shall review the
records and files relating to the decision.
(i) The City Manager shall permit any interested person to
present any relevant evidence bearing on the issues involved
in the matter.
(ii) In conducting the hearing, technical rules relating to evidence
and witnesses shall not apply. Any relevant evidence may be
admitted if it is material and if it is evidence customarily relied
upon by responsible persons in the conduct of their affairs
regardless of the existence of any common law or statutory
rule which might make admission of such evidence improper
over objection in civil actions. Hearsay evidence may be
admissible if it is the sort upon which reasonable persons are
accustomed to rely in the conduct of serious affairs. The rules
of privilege shall be applicable to the extent they are now, or
i67
^P
OP V16
are hereafter permitted in civil actions. Irrelevant, collateral,
and repetitious testimony shall be excluded.
(iii) In determining whether a person should be disqualified for
meeting the definition of PERSON WHO HAS ENGAGED IN
DISQUALIFYING CONDUCT as set forth in Section 15A-2,
the City Manager may consider: the nature and severity of the
act(s) or crime(s); whether there were any additional
subsequent act(s) or crime(s); the number of act(s) or
crime(s); and how recent the act(s) or crime(s) were.
(4) The appellant shall have the burden of proving that he or she meets
the requirements for issuing the permit or certificate in the first
instance; the city shall have the burden in proving that grounds exist
for suspending, revoking or failing to renew a permit.
(5) Based upon the evidence presented at the hearing, the City Manager
shall determine whether the decision should be affirmed, modified,
or reversed.
(6) The City Manager shall issue his decision within ten (10) business
days after the close of the hearing. The City Manager's decision shall
include a statement of the reasons therefor.
(7) The decision of the City Manager shall include notice that the
decision is final and conclusive, that judicial review may be sought
therefrom pursuant to Cal. Civil Proc. Code Section 1094.5, and that
any action filed in the superior court shall be filed within ninety (90)
days following the City Manager's notice pursuant to Cal. Civil Proc.
Code Section 1094.6.
(8) The City Manager may appoint an administrative hearing officer to
consider appeals made under this Section 15A-21.
Sec. 15A-22. Exemptions.
(a) This chapter shall not apply to the following:
(1) State -licensed professionals while engaged in the performance of the duties
of their respective professions and while limited to the scope of their California state
licenses including acupuncturists, aestheticians, barbers, chiropractors, cosmetologists,
exercise physiologists, manicurists, nurses, naturopathic doctors, occupational
therapists, osteopaths, physical therapists, physicians, and surgeons. However, this
exemption shall not apply to a State -licensed professional employing certified massage
providers for the purpose of providing massage services. In the event that such State -
license professional fails to comply with this Chapter 15A, such State -license professional
shall be subject to enforcement under the Cypress Municipal Code, including, but not
limited to, this Chapter 15A.
(2) Trainers of any semiprofessional or professional athlete or athletic team, or
athletic trainers hired by a local, state or federal government agency.
(3) Any educational institution regulated by the State of California, including any
portion of the institution providing massage services, such as student clinics and work
study programs, regulated under such state license.
(4) Individuals administering massages or health treatment involving massage to
persons participating in road races, track meets, triathlons and similar single occurrence
athletic or recreational events; provided, that all of the following conditions are met:
the event.
a. The massage services are made equally available to all participants in
16
b. The event is open to participation by the general public or a significant
segment of the public such as employees of sponsoring or participating corporations.
c. The massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event.
d. The sponsors of the event have been advised of and have approved the
provision of massage services.
e. The persons providing the massage services are not the primary
sponsors of the event.
(5) Sole providers with valid CAMTC certificates and shall comply with the
operational requirements of Section 15A-7 to the extent applicable.
Sec. 15A-23. Massage accessory to other businesses.
(a) Athletic clubs and day spas. A massage establishment may be permitted in an athletic
club, day spa, or similar establishment provided such massage operations are clearly
incidental and accessory to the operation of such bona fide business and such business
has a valid conditional use permit approved by the city council which identified the
massage establishment. Any massage establishment duly authorized to operate under
the provisions of this section must comply with all the provisions of this chapter with the
exception of the requirements set forth in section 15A -7(b) and (p).
(b) Chair massages. Chair massages are permitted in any business provided such
massage operations are clearly incidental and accessory to the operation of such bona
fide business. This subsection shall only apply to duly licensed athletic clubs, day spas,
beauty salons, or professional health care businesses operated by persons described in
section 15A -22(a).
Sec. 15A-24. Massage establishment license; suspension or revocation.
(a) After an investigation, notice and hearing, any license issued for a massage
establishment may be revoked or suspended by the police chief or may refuse to renew
a license where any of the following is found:
(1) The massage establishment has violated any provisions of this chapter; or
(2) The massage establishment employs an operator or certified massage
provider who has engaged in disqualifying conduct, as described in subsection (n) of
section 15A-2; or
(3) The massage establishment has failed to comply with one (1) or more of the
facilities and operation requirements of section 15A-7; or
(4) There is a material misstatement in the application for the massage
establishment license; or
(5) The massage establishment has continued to operate after the license has
been suspended; or
(6) The licensee has allowed a person to provide massage services who:
a. Does not have a valid CAMTC certificate; or
b. Has engaged in conduct or has been convicted of an offense described
in subsection (n) of section 15A-2 where the licensee has actual or constructive
knowledge of such conduct or conviction.
Sec. 15A-25. Revocation or suspension of operator permit.
After an investigation, notice and hearing, any operator permit may be revoked or
suspended by the police chief or may refuse to renew such permit where it is found that:
17
SO93
(a) The permittee has violated any provision of this chapter; or
(b) The permittee is a person who has engaged in disqualifying conduct, as described in
subsection (n) of section 15A-2; or
(c) The permittee has continued to function as an operator after the permit has been
suspended;or
(d) The permittee has failed to comply with the requirements of either section 15A-15; or
(e) The permittee has made a material misstatement in the application for a permit; or
(f) The permittee has allowed a person to provide massage services who:
(1) Does not have a valid CAMTC certificate; or
(2) Has engaged in conduct or has been convicted of an offense described in
subsection (n) of section 15A-2 where the licensee has actual or constructive knowledge
of such conduct or conviction.
Sec. 15A-26. Hearing on revocation or suspension of massage establishment
license or operator permit.
Upon determining that grounds for revocation or suspension exist, as set forth in sections
15A-24 and/or 15A-25, the police chief may revoke or suspend a massage establishment
license or operator permit. The police chief shall provide written notice of the revocation
or suspension to the holder of the massage establishment license or operator permit, as
applicable. Such notice shall summarize the principal reasons for the proposed revocation
or suspension; shall state that the licensee may appeal the revocation or suspension
pursuant to Section 15A-21; and shall be delivered both by posting the notice at the
location of the relevant massage establishment and by sending the notice by certified
mail, postage prepaid, addressed to the holder of the massage establishment license or
operator permit, as applicable, at the name and address appearing on such license or
permit, as applicable. The effective date of such revocation or suspension shall be the
final date that the massage establishment license holder or operator permit holder may
appeal the police chiefs decision, as provide din Section 15A-21.
The remedies provided by this section shall be in in addition to any other remedy available
under this chapter or applicable law,
Sec. 15A-27. Reapplication after denial or revocation.
An applicant for either a license or a permit under this chapter whose application for such
license or permit has been denied or revoked may not reapply for such license or permit
for a period of one (1) year from the date such notice of denial or revocation was deposited
in the mail or received by the applicant, whichever occurs first. However a reapplication
prior to the termination of one (1) year may be made if accompanied by evidence that the
ground or grounds for denial or revocation of the applicant no longer exist.
Sec. 15A-28. No refund of fee.
No refund or rebate of a license or permit fee shall be allowed by the reason of the fact
that the licensee or permittee discontinues an activity for which a license or permit is
required pursuant to this chapter, or that the license or permit is suspended or revoked.
Sec. 15A-29. Return of license or permit.
In the event that a license or permit is canceled, suspended, revoked, or invalidated, the
licensee or permittee shall forward it to the police chief who issued it not later than the
end of the third business day after notification of the cancellation, suspension, revocation,
or invalidation.
U-1
391
Sec. 15A-30. Violation and penalty.
(a) Violations of this chapter may be enforced pursuant to the provisions of sections 1-7
and 1-12.1 of the Code of the City of Cypress.
(b) Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter shall be, and the same is hereby declared to be, unlawful and
a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or proceedings, for the
abatement, removal and enjoinment thereof, in the manner provided by law, and shall
take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such massage establishments and restrain and
enjoin any person from operating, conducting or maintaining a massage establishment
contrary to the provisions of this chapter. The City may recover its costs and its attorneys'
fees and costs incurred in connection with its actions to abate, remove, or enjoin the
public nuisance declared under this Section 15A -30(b).
(c) Any property owner permitting on his or her property the operating, conducting or
maintaining of a massage establishment contrary to the provisions of this chapter shall
be, and the same is hereby declared to be, unlawful and a public nuisance, and the city
may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings, for the abatement, removal and enjoinment
thereof, in the manner provided by law, and shall take such other steps and shall apply
to such court or courts as may have jurisdiction to grant such relief as will abate or remove
such massage establishments and restrain and enjoin any property owner from permitting
on his or her property the operating, conducting or maintaining of a massage
establishment contrary to the provisions of this chapter. The City may recover its costs
and its attorneys' fees and costs incurred in connection with its actions to abate, remove,
or enjoin the public nuisance declared under this Section 15A -30(b).
(d) The remedies provided under this chapter are cumulative and non-exclusive, and shall
not restrict the city's ability to pursue any other remedy to which it is entitled under law or
equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal
penalty, nor shall anything in this chapter be deemed to conflict with any penalty or
provision under state law, or prohibit any conduct authorized by the state or federal
constitution.
(e) Any violation of the provisions of this chapter shall constitute a separate offense for
each and every day during which such violation is committed or continued."
Section 3. That Table 2-6, "Allowable Uses and Permit Requirements for
Commercial Zoning Districts" of Section 2.06.030 of Section 6 of Article 2 of Appendix I
of the Cypress Municipal Code is hereby amended in relevant part as follows:
11
Land Use Permit Requirement by District
OP
CN
I CG
CH
I See Section
Personal Services, Limited (e.g., Body
Piercing/Tattoo and; Massage Establishments) —
—
C
C
Chapter 15A
for Massage
Establishments
and
Subsection
3.17.250
Section 4. That Section 6.31.020 "Definitions of specialized terms and phrases"
of Section 31 of Article 6 of Appendix I of the Cypress Municipal Code is hereby amended
in relevant part as follows:
"Massage establishment. As defined by Chapter 15A of the Municipal Code."
19
SO90
Section 5. That Section 3.17.250, "Massage Establishment Requirements," is
added to Section 17 of Article 3 of Appendix I of the Cypress Municipal Code as follows:
"3.17.250. Massage Establishment Requirements.
In addition to the other requirements pertaining to conditional use permits, including but
not limited to the requirements found in Section 19 of Article 4 of Appendix I of the Cypress
Municipal Code, the following provisions shall apply to applications for a massage
establishment:
(A) The application shall include a detailed floor plan drawn to scale showing:
entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms
with dimensions, including but not limited to closets, storerooms, break rooms, and
changing rooms; and location of massage tables and chairs. The floor plan shall be in
feet and inches and be labeled in English.
(B) Unless a massage establishment has a valid conditional use permit prior to the
effective date of this subsection, no massage establishment shall be located:
(1) Within one thousand (1,000) feet of another massage establishment
(2) The distance requirements set forth in Section 3.17.250(B)(1) shall not apply to
a massage establishment located within a hotel.
(C) An application for a conditional use permit shall not be deemed complete until the
applicant has obtained the necessary operator permits and massage establishment
licenses, and, if applicable, such permits and certificates are submitted as part of such
application.
(D) Before granting any conditional use permit for a massage establishment, the city
council shall find that, if applicable, the necessary operator permits and massage
establishment licenses have been issued pursuant to Chapter 15A of this code.
(E) In acting to approve a conditional use permit under this subsection and in addition
to the council's authority to impose conditions upon the granting of the permit pursuant to
the Cypress Municipal Code and any applicable law, the council may impose such
additional conditions to ensure that massage establishments comply with all applicable
federal, state, and local law, including but not limited to the Cypress Municipal Code."
Section 6. That Section 5.25.260 "Amortization of Nonconforming Massage
Establishments" is added to Section 25 of Article 5 of Appendix I of the Cypress Municipal
Code as follows:
"5.25.260. Amortization of Nonconforming Massage Establishments.
The applicable provisions of Section 25 of Article 5 of Appendix I of this code shall apply
to the amortization and discontinuance of nonconforming massage establishments,
except to the extent they are modified as follows:
A. Any massage establishment lawfully existing prior to the effective date of
subsection 3.17.250 of Section 17 of Article 3 of Appendix I of this code which becomes
a nonconforming use by reason of the adoption thereof shall cease operation, or
otherwise be brought into full compliance with subsection 3.17.250 of Section 17 of Article
3 of Appendix I of this code, not later than thirty six (36) months following the effective
date thereof. Any such lawfully existing massage establishment may continue to operate
during the thirty six (36) month period if all of the following requirements are met:
(1) Such establishment is in conformity with all other applicable city, state and
federal laws.
(2) Such establishment has not been terminated for any reason or voluntarily
discontinued for a period of sixty (60) consecutive calendar days or more following the
effective date of subsection 3.17.250 of Section 17 of Article 3 of Appendix I of this code.
20
B. In the event that any lawfully existing massage establishment under subsection
5.25.260(A) submits an application pursuant to subsection 3.17.250 of Section 17 of
Article 3 of Appendix I of this code within thirty six (36) months following the effective date
of subsection 3.17.250 of Section 17 of Article 3 of Appendix I, then such massage
establishment may continue in operation pursuant to subsection 5.25.260(A) until the
applications submitted pursuant to subsection 3.17.250 of Section 17 of Article 3 of
Appendix I of this code has been acted upon and the decision thereon becomes final. In
the event that such application is denied, then the massage establishment shall cease
operation on the later of the end of the thirty six (36) month period provided in subsection
(A) above or the date the decision becomes final.
C. Any lawfully existing massage establishment existing prior to the effective date of
subsection 3.17.250 of Section 17 of Article 3 of Appendix I of this code shall not be
required to comply with applicable location and parking requirements if such
establishment complies with all other requirements of subsection 3.17.250 of Section 17
of Article 3 of Appendix 1 of this code and with the requirements of Chapter 15A, "Massage
Establishments' of this code."
Section 7. Severability. The City Council of the City of Cypress hereby declares
that should any section, paragraph, sentence or word of this ordinance of the Code,
hereby adopted, be declared for any reason to be invalid, it is the intent of the Council
that it would have passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared invalid.
Section 8. CEQA. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project' under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitute a "project' under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment, because the Ordinance
merely regulates location and operation of massage establishments in the City.
Section 9. Publication. The City Clerk shall certify to the passage and adoption
of this ordinance, and shall make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council at which the same is passed and adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) full days after its final passage, the City Clerk shall cause
it to be published in a newspaper of general circulation and shall post the same at City
Hall, the Police Department and the Community Center.
FIRST READING at a regular meeting of the City Council of said City held on the
day of October 14, 2019, and finally adopted and order posted at a regular meeting held
on the 28th day of October, 2019.
Stacy Ben Mayor
ATTEST:
� ,�W� l
Alisha arnell, City Clerk
21
X91
S92
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress DO HEREBY CERTIFY that
the foregoing was duly adopted at a regularly scheduled meeting of said City Council held
on the 28th day of October, 2019, by the following roll call vote:
AYES:
5
COUNCIL MEMBERS:
Morales, Peat, Yarc, Johnson and Berry
NOES:
0
COUNCIL MEMBERS:
None
ABSENT:
0
COUNCIL MEMBERS:
None
&MI A illi o� ",
Alis Farnell, City Uerk
M