Ordinance No. 967ORDINANCE NO. 967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, AMENDING CHAPTER 15A OF
THE CYPRESS MUNICIPAL CODE REGULATING
MASSAGE PARLORS AND SIMILAR BUSINESSES; AND
REPEALING SECTIONS INCONSISTENT THEREWITH
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1 Chapter 15A of the Cypress Municipal Code is hereby amended
in its entirety to read as follows:
"Chapter 15A
MASSAGE ESTABLISHMENTS
Sections:
15A -1. Findings and Purpose.
15A -2. Definitions.
15A -3. Massage Establishment License Required.
15A -4. Massage Establishment License Application Fee.
15A -5. Application for Massage Establishment License.
15A -6. Granting or Denial of Massage Establishment License.
15A -7. Massage Establishment Facilities and Operations Requirements.
15A -8. Application to Existing Establishments.
15A -9. Inspection by Officials.
15A -10. Issuance of Notice of Violation.
15A -11. Business Name.
15A -12. Business Location Change.
15A -13. Sale or Transfer of Massage Establishment Interest.
15A -14. Display of Permits, Licenses.
15A -15. Massage Technician Permit Required.
15A -16. Massage Technician Application Fee and Renewals.
15A -17. Application for Massage Technician Permit.
15A -18. Massage Practitioner Permit Required.
15A -19. Massage Practitioner Application Fee and Renewal.
15A -20. Application for Massage Practitioner Permit.
15A -21. Appeals.
15A -22. Exemptions.
15A -23. Massage Establishment in Athletic Club.
15A -24. Massage Establishment License - Suspension or Revocation.
15A -25. Revocation or Suspension of Massage Technician or Practitioner
Permit.
15A -26. Hearing on Revocation or Suspension of Massage Establishment
License, Massage Technician or Massage Practitioner Permit.
15A -27. Reapplication after Denial.
15A -28. No Refund of Fee.
15A -29. Return of License or Permit.
15A -30. Violation and Penalty.
15A -31. Severability.
15A -32. Conflicting Ordinances Repealed.
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Sec. 15A -1. Findings and Purpose.
The City Council finds and declares as follows:
(A) The permit requirements and restrictions imposed by this Ordinance are
reasonably necessary to protect the health, safety and welfare of the citizens
of the City of Cypress.
(B) The City of Cypress is authorized, by virtue of the State Constitution, the
provisions of the City Charter and Section 51031 of the Government Code,
to regulate Massage Establishments by imposing reasonable standards
relative to the skill and experience of massage operators and massage
technicians 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 massage technicians 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.
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,
the words, terms and phrases set forth in this Section shall have the meanings set forth
herein.
(A) License means the license to operate a Massage Establishment as required
by this Chapter.
(B) Massage means any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, scratching, vibrating or stimulating the
external parts of the human body with the hands or with the aid of any
mechanical or electrical apparatus, or other appliances or devices, with or
without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment, or other similar preparations.
(C) Massage establishment means any establishment having a fixed place of
business where any individual, firm, association, partnership, corporation,
joint venture or combination of individuals engaged in, conducts, carries on
or permits to be engaged in, conducted or carried on for consideration,
massages, baths, or health treatments involving massages, or baths as
regular functions.
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(D) Massage practitioner means a nonmedical health care practitioner who uses
a massage specialty and health enhancement approach in caring for clients.
(E) Massage technician means any person who administers massages, baths,
or health treatments involving massages or baths as the principal functions
to another person for any consideration whatsoever.
(F) Permit means the permit to engage in the activities of a massage required
by this Chapter.
(G) Person means any individual, firm, association, partnership, corporation,
joint venture or combination of individuals.
(H) Person who has engaged in disqualifying conduct means a person who:
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(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 owner or operator, or as a massage
technician, or as a massage practitioner; 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 Massage
Establishment, operator, technician, practitioner, or trainee license or
permit, which was issued by the State of California, or any county or
city, revoked.
(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 or 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 Section 266(h), 266(i), 315, 316, 318 or
subdivision (b) of Section 674 of the California Penal Code; or
(b) Conspiracy of attempt to commit any such offense; 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 Sections 11054, 11055, 11057 or 11058 of the
California Health and Safety Code.
(4) Is required to register under the provisions of Section 290 of the
California Penal Code.
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(5)
Has been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to Sections 11225 through
11235 of the California Penal Code, 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.
(I) Recognized school of massage means any school or institution of learning
which teaches the theory, ethics, practice, profession and work of massage,
which school or institution of learning requires a residence course of study
of not fewer than one hundred (100) hours to be given in not more than three
(3) calendar months before the student shall be furnished with a diploma or
certificate of graduation from such school or institution of learning following
the successful completion of such course of study or learning, and which
school has been approved pursuant to California Education Code Section
94310 or 94311, or, if said school is not located in California, has complied
with standards commensurate with those required in this Section and has
obtained certificate under any similar state certification program, if such
exists. Any school or institution of learning offering or allowing
correspondence course credit not requiring actual attendance at class, or
courses of a massage technician not approved by the California Department
of Education shall not be deemed a 'recognized school of massage.'
(J)
State of national organization devoted to the massage specialty and
therapeutic approach means an organization which the Chief of Police
determines meets each of the following requirements:
(1) Has tax exempt status under Section 501(c) of the Internal Revenue
Code.
(2) The organization or association requires that its members meet
minimum educational requirements. The educational requirements
must include at least five hundred (500) classroom hours, or its
equivalent, in anatomy, physiology, hygiene, sanitation, massage
practice, and ethics of massage practice.
(3)
The organization or association requires participation in continuing
education programs as a condition of continuing membership.
(4) The organization or association has established rules of ethics and
has enforcement procedures for the suspension and revocation of
membership of persons violating the rules of ethics.
(5)
The organization is open to members of the general public meeting
the requirements for membership on either a statewide or national
basis and, in fact, maintains a membership which reflects substantial
statewide or national participation by persons engaged in the
business of therapeutic massage.
Sec. 15A -3. Massage Establishment License Required.
It shall be unlawful for any person as owner, or operator, 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. A separate License shall be obtained for each separate Massage Establishment
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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.
Sec. 15A-4. Massage Establishment License Application Fee.
Any application for a License to operate a Massage Establishment shall be
accomplished 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.
A License to operate a Massage Establishment 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, phone number and nature of
the massage, bath or health treatments to be administered, the proposed
place of business and facilities therefor, 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:
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(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 Section 290 of California
Penal Code; 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
Sections 11225 through 11235 of the California Penal Code or any
similar provisions of law in a jurisdiction outside the State of
California.
(6) Applicant's height, weight, color of eyes and hair.
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(7)
Two 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.
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 percent (5 %) 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 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 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 application fee shall be
charged.
(9)
(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 person licensed pursuant to Sections 15A -15 and
15A -18, 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. The Police Chief shall require such
employees to furnish fingerprints for the purpose of establishing
identification. 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 subsection. Such new employees shall
allow fingerprints to be taken for the purpose of identification upon
request. 'Employee' includes every owner,
partner,
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.
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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.
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 or more material misstatements in the
application for a License.
(2) The Applicant, if an individual, or the stockholders holding more than
five percent (5 %) 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.
(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) Each Licensee and the Licensee's designated manager(s) must pass a
written test dealing with the requirements of this Chapter every thirty six (36)
months to ensure a complete understanding of the Licensee's and
manager's duties prior to the issuance of the License. A score of seventy
percent (70 %) or better is required on each section of the written test. An
Applicant who fails to pass the ordinance examination shall not be eligible to
take another examination until sixty (60) days after the previous exmination.
An Applicant who fails to pass upon a second attempt, shall not again be
eligible until six (6) months thereafter. The examination will be in the English
language. In the event the Applicant requires that the ordinance examination
be given in another language, the Applicant must, on their own, make
arrangements with a Court certified and Cypress Police Department
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approved interpreter to interpret the examination. Proof of valid Court
certification must be provided to the Police Chief prior to the administration
of the examination.
(D) 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 bathing, dressing, locker, and toilet facilities shall be provided for
patrons. A minimum of one (1) tub or shower, 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 establishment, separate bathing, 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
percent (75 %) 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.
(1)
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All walls, ceilings, floors, pools, showers, 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
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(J)
vapor cabinets, shower compartments and toilet rooms shall be thoroughly
cleaned and disinfected each day the business is in operation. Bathtubs
shall be thoroughly cleaned and disinfected after each use.
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.
(L) To assure patrons' health, safety, sanitation and comfort, all employees,
massage technicians and massage practitioners shall be clean and dressed
appropriately when performing services upon the premises. Except to the
extent required in writing by a valid state licensed medical practitioner, no
massage practitioner, massage technician, or employee shall massage the
genitals, gluteal fold, or anal area of any patron or the breasts of any female
patron, nor shall any manager or employee in charge of a Massage
Establishment allow or permit such massage.
(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 Tess 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 massage technician 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 massage
technician 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.
(0) No alcoholic beverages shall be sold, served, furnished, kept or possessed
on the premises of any Massage Establishment.
(P) Any Massage Establishment must be operated on a premises where a
physician, surgeon, chiropractor or osteopath duly licensed to practice their
respective professions in the State of California is located; or, such duly
licensed Massage Establishment is conducted under the direct supervision
or written referral signed by such physician surgeon, chiropractor or
osteopath.
(Q)
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Notwithstanding the requirements set forth under Section 15A -6(P), a
massage practitioner may conduct off -site massages only when such
massage is specifically prescribed in writing by a physician, surgeon,
chiropractor or osteopath duly licensed to practice in the State of California.
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 practitioner permit may
be suspended or revoked for off -site massages based upon any of the
grounds set forth at Section 15A -25. A massage technician shall not
conduct off -site massages under any circumstances.
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(R) Every Licensee, manager or employee in charge of the Massage
Establishment shall report to the Police Chief any change of employees,
whether by new or renewed employment, discharge or termination, on the
form and in the manner required by the Police Chief. The report shall
contain the name of the employee and the date of hire or termination. The
report shall be made within five (5) days of the date of hire or termination.
The Licensee, manager or employee in charge shall deliver the permit and
photo identification card of any massage practitioner or massage technician
no longer employed to the Police Chief within five (5) days.
(S) The Licensee, manager or employee in charge shall maintain a register of
all employees, showing the name, nicknames and aliases used by the
employee, home address, age, birth date, gender, height, weight, color of
hair and eyes, phone numbers, social security number, date of employment
and termination, if any, and duties of each employee. The above information
on each employee shall be maintained in the register on the premises for a
period of two (2) years following termination. The Licensee, manager or
employee in charge shall make the register of employees available
immediately for inspection by police upon demand of a representative of the
police department at all reasonable times.
Sec. 15A -8. Application to Existing Establishments.
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.
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.
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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 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 owner or operator of a Massage Establishment shall display the Massage
Establishment License and the permit of each and every massage technician or
practitioner employed in the establishment in an open and conspicuous place on the
premises. Passport-size photographs of the Licensee and permittee shall be affixed to the
respective License and permits on display pursuant to this Section.
Sec. 15A -15. Massage Technician Permit Required.
(A) It shall be unlawful for any person to act as a massage technician unless
such person holds a valid permit issued by the Police Chief.
(B) A massage technician permit shall be issued to any person who has fulfilled
the requirements of Section 15A -17, and all other applicable provisions of
this Chapter, unless grounds for denial of such permit are found to exist.
The Police Chief may deny a permit to the permit Applicant if:
(1) The Applicant made a material misstatement in the application for a
License; or
(2) The Applicant is a person who has engaged in disqualifying conduct,
as described in Section 15A -2(H); or
(3)
The Applicant has violated any provision of this Chapter, or of any
similar ordinance, law, rule or regulation of another public agency
which regulates the operation of massage technicians; or
(4) The Applicant has failed to meet the training requirements described
in Section 15A -17; or
(5)
The Applicant has failed to furnish an appropriate medical doctor's
certificate as required by Section 15A -17.
Sec. 15A -16. Massage Technician Application Fee and Renewals.
Any application for a massage technician permit shall be accompanied by a
nonrefundable fee. A massage technician permit shall be renewed annually and a renewal
fee shall be paid. The massage technician permit fee and the renewal permit fee shall be
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in amounts as determined by City Council resolution. Any person who applies for a
Massage Establishment License and who desires to act as a massage technician within
said establishment shall not be required to pay the fee required by this Section but shall
be required to furnish the materials and information set forth in Section 15A -5, and to show
qualifications for, and to obtain, a massage technician permit.
Sec. 15A -17. Application for Massage Technician Permit.
(A) Any application for a massage technician permit shall be made with the
Police Chief.
(B) Within sixty (60) working days following receipt of a completed application,
the Police Chief shall approve, conditionally approve the permit, or mail a
written statement of his or her reasons for denial thereof. The sixty (60) day
period may be continued for an additional thirty (30) days if necessary by the
occurrence of events beyond the control of the Police Chief. The Police
Chief shall require that the Applicant furnish fingerprints for the purpose of
establishing identification. The Applicant shall furnish information similar to
that required under Section 15A -5 (B)(1), (2), (5), (6), (7), (8), (12), (13), (14),
and the following information:
(1) Social security number and driver's license number, if any;
(2) The name and address of the establishment where the Applicant is to
be employed, or engage in the practice of massage if self - employed,
and the name of the owner or operator of the same. Any massage
technician granted a permit pursuant to this Section must report any
change in Massage Establishment employment within five (5) days of
said change;
(3)
Certificate from a medical doctor stating that the Applicant has, within
thirty (30) days immediately prior to the filing of the application, been
examined and found to be free from any contagious or communicable
disease capable of being transmitted to the public or to fellow
employees by the type of conduct and interaction with fellow
employees and the public involved in the performance of the job of
massage technician.
(4) A statement in writing by the Applicant made under penalty of perjury
that the information furnished is true and correct, said statement being
duly dated.
(C) Each Applicant must furnish an original or certified copy of a diploma or
certificate and certified transcript of graduation for completion of five hundred
(500) hours of instruction from an approved or recognized school of
massage, wherein the method, practice, profession, theory, ethics,
anatomical and physiological knowledge and practice of massage is taught
by State certified instructors. The Applicant must also supply a course
description, an outline of material covered, and a letter to the City from the
school administrator verifying completion.
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(1) The Police Chief may consider an Applicant's study of massage
completed outside the State of California if proof of completion from
a formalized course of study in massage practice, anatomy and /or
physiology is provided with the application. Proof of completion shall
include dates of study and the name, address and phone number of
school attended.
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(2) Any outside course of study submitted for approval shall meet the
State of California's Office of Post - secondary Education's minimum
requirements and be for completion of five hundred (500) hours of on
premises training.
(D) Each massage technician must pass a written test dealing with the
requirements of this Chapter every thirty six (36) months. A score of seventy
percent (70 %) or better is required on each Section of the written test. An
Applicant who fails to pass the examination 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. An additional processing fee may be required
to be filed with the Police Chief prior to each examination. The examination
will be in the English language. In the event the Applicant requires that the
examination be given in another language, the Applicant must, on their own,
make arrangements with a Court certified and Cypress Police Department
approved interpreter to interpret the ordinance examination. Proof of a Court
certification must be provided to the Police Chief prior to the administration
of the examination.
(E) All Massage Technicians shall comply with the conditions set forth under
Section 15A -17 and any other conditions specified by the Police Chief on
issuance of the massage technician permit.
Sec. 15A -18. Massage Practitioner Permit Required.
(A) It shall be unlawful for any person to act as a massage practitioner unless
such person holds a valid permit issued by the Police Chief.
(B) A massage practitioner permit shall be issued to any person who has fulfilled
the requirements of Section 15A -20, and all other applicable provisions of
this Section, unless grounds for all denial of such permit are found to exist.
The Police Chief may deny a permit to the permit Applicant if:
(1) The Applicant made a material misstatement in the application for a
License, or;
(2) The Applicant is a person who has engaged in disqualifying conduct,
as described in Section 15A -2(H); or
(3)
The Applicant has violated any provision of this Section, or of any
similar ordinance, law, rule or regulation of another public agency
which regulates the operation of massage practitioners; or
(4) The Applicant has failed to meet the training requirements described
in Section 15A -20; or
(5)
The Applicant has failed to furnish an appropriate medical doctor's
certificate as required by Section 15A -20.
Sec. 15A -19. Massage Practitioner Application Fee and Renewal.
Any application for a massage practitioner permit shall be accompanied by a
nonrefundable fee. A massage practitioner permit shall be renewed annually and a
renewal fee shall be paid. The massage practitioner permit fee and the renewal permit fee
shall be in amounts as determined by City Council resolution. Any person who applies for
a Massage Establishment License and who desires to act as a massage practitioner within
said establishment shall not be required to pay the fee required by this Section but shall
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be required to furnish the materials and information set forth in Section 15A -5, and to show
qualifications for, and to obtain, a massage practitioner permit.
Sec. 15A -20. Application for Massage Practitioner Permit.
(A) Any application for a massage practitioner permit shall be made with the
Police Chief.
(B) Within sixty (60) working days following receipt of a completed application,
the Police Chief shall approve, conditionally approve the permit, or mail a
written statement of his or her reasons for denial thereof. The sixty (60) day
period may be continued for an additional thirty (30) days if necessitated by
the occurrence of events beyond the control of the Police Chief. The Police
Chief shall require that the Applicant furnish fingerprints for the purpose of
establishing identification. The Applicant shall furnish information similar to
that required under Section 15A -5(B) (1), (2), (5), (6), (7), (8), (12), (13), (14),
and the following information:
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(1) Social security number and driver's license number, if any.
(2) The name and address of the establishment where the Applicant is to
be employed, or engage in the practice of massage if self - employed,
and the name of the owner or operator of the same. Any massage
practitioner granted a permit pursuant to this Section must report any
change in Massage Establishment employment within five (5) days of
said change.
(3)
The Applicant shall present to the Police Chief proof of membership
in good standing of a state or national organization devoted to the
massage specialty and health enhancement approach or has
completed any one of the following requirements:
(a) Five hundred (500) hours of instruction in the massage
specialty and health enhancement approach at a recognized
school of massage with a state approved curriculum and can
submit a sworn affidavit of code of ethics to which they will
adhere. This code can be from an association or comparable
as approved by the City Attorney; or
(b) Two hundred fifty (250) hours of such instruction as required
under (a) above, and, in addition, five hundred (500) hours of
practical experience in the massage specialty and health
enhancement therapeutic approach in the form of paid
employment as documented by Internal Revenue Service
(IRS) tax returns or other affidavit and submission of a sworn
affidavit of code of ethics as in (a) above; or
(c) One hundred (100) hours of such instruction as required under
(a) above, and proof of four hundred (400) hours additional
instruction in any one of the following:
(I)
Continuing educational classes in the massage field
and related classes offered by approved schools; or
(ii) Classes and workshops as in subsection (i) approved
for nursing CE credit; or
(iii) Programs as in subsection (i) approved and certified by
qualifying professional associations; or
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(iv) Adult education classes in massage and related topics
offered through State approved colleges and
universities.
(d) Has passed an independently prepared and administered
national certification exam which has been recognized by
objective standards to fairly evaluate professional levels of
skill, safety and competence.
(4) Certificate from a medical doctor stating that the Applicant has, within
thirty (30) days immediately prior to the filing of the application, been
examined and found to be free from any contagious or communicable
disease capable of being transmitted to the public or to fellow
employees by the type of conduct and interaction with fellow
employees and the public involved in the performance of the job of
massage practitioner.
(5)
A statement in writing by the Applicant made under penalty of perjury
that the information furnished is true and correct, said statement being
duly stated.
(C) Each Applicant must furnish an original or certified copy of a diploma or
certificate and certified transcript of graduation for completion of five hundred
(500) hours of instruction from an approved or recognized school of
massage, wherein the method, practice, profession, theory, ethics,
anatomical and physiological knowledge and practice of massage is taught
by State certified instructors. The Applicant must also supply a course
description, an outline of material covered, and a letter to the City from the
school administrator verifying completion.
(1) The Police Chief may consider an Applicant's study of massage
completed outside the State of California if proof of completion from
a formalized course of study in massage practice, anatomy and /or
physiology is provided with the application. Proof of completion shall
include dates of study and the name, address and phone number of
school attended.
(2) Any outside course of study submitted for approval shall meet the
State of California's Office of Post - secondary Education's minimum
requirements and be for completion of five hundred (500) hours of on
premises training.
(D) Each massage practitioner must pass a written test dealing with the
requirements of this Chapter every thirty six (36) months. A score of seventy
percent (70 %) or better is required on each Section of the written test. An
Applicant who fails to pass the examination 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. An additional processing fee may be required
to be filed with the Police Chief prior to each examination. The examination
will be in the English language. In the event the Applicant requires that the
examination be given in another language, the Applicant must, on their own,
make arrangements with a Court certified and Cypress Police Department
approved interpreter to interpret the ordinance examination. Proof of a Court
certification must be provided to the Police Chief prior to the administration
of the examination.
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(E) All Massage Practitioners shall comply with the conditions set forth under
Section 15A -20 and any other conditions specified by the Police Chief on
issuance of the massage practitioner permit.
Sec. 15A-21. Appeals.
All appeals from a denial of a Massage Establishment License or permit for
massage technician or practitioner shall be made in accordance with the provisions of
Section 15A -22 of this Chapter.
Sec. 15A-22. Exemptions.
(A) This Chapter shall not apply to the following classes of individuals while
engaged in the performance of the duties of their respective professions:
(1) Physicians, surgeons, chiropractors, or osteopaths, who are duly
licensed to practice their respective professions in the State of
California, while performing activities encompassed by such
professional licensees;
(2) Nurses or physical therapists who are duly licensed to practice their
professions in the State of California, while performing activities
encompassed by such professional licenses.
However, any one duly exempted under this subparagraph (A) employing or
utilizing either a massage technician or massage practitioner for the purpose
of furnishing a massage shall be required to obtain a Massage Establishment
License and any required practitioner and /or technician permit(s).
(B) 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:
(1) The massage services are made equally available to all participants
in the event.
(2) 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.
(3)
The massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event.
(4) The sponsors of the event have been advised of and have approved
the provision of massage services.
(5)
The persons providing the massage services are not the primary
sponsors of the event.
Sec. 15A -23. Massage Establishment in Athletic Club.
A Massage Establishment may be permitted in an athletic club or similar
establishment provided such massage operations are incidental to the operation of such
bona fide athletic club and such athletic club 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 supervision requirement set
forth in Section 15A -7(P).
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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 Licensee has violated any provisions of this Chapter; or
(2) The Licensee is a person who has engaged in disqualifying conduct,
as described in subsection (H) of Section 15A -2; or
(3)
The Licensee has failed to comply with one or more of the facilities
and operations requirements of Section 15A -7; or
(4) The Licensee has engaged in fraud, misrepresentation or false
statement in conducting the Massage Establishment; or
(5)
The Licensee has continued to operate the Massage Establishment
after the License has been suspended; or
(6) The Licensee has allowed a person to work as a massage technician
or practitioner who:
(a) Does not have a valid permit; or
(b) Has engaged in conduct or has been convicted of an offense
described in subsection (H) of Section 15A -2 where the
Licensee has actual or constructive knowledge of such
conduct or conviction.
Sec. 15A -25. Revocation or Suspension of Massage Technician or Practitioner
Permit.
After an investigation, notice and hearing, any massage technician or practitioner
permit may be revoked or suspended by the Police Chief or may refuse to renew such
permit where it is found that:
(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 (H) of Section 15A -2; or
(C) The permittee has continued to function as a massage technician or
practitioner after the permit has been suspended; or
(D) The permittee has failed to comply with the requirements of either Section
15A -17 or Section 15A -20, whichever is applicable; or
(E) The permittee has made a material misstatement in the application for a
permit.
Sec. 15A -26. Hearing on Revocation or Suspension of Massage Establishment
License, Massage Technician or Massage Practitioner Permit.
Upon determining that grounds for revocation or suspension exist, as set forth in
Sections 15A -24 and /or 15A -25, the Police Chief shall furnish written notice of the
proposed revocation or suspension to the Licensee. For purposes of this Section only,
'Licensee' shall include a person holding a Massage Establishment License, a massage
technician permit or massage practitioner permit. Such notice shall summarize the
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principal reasons for the proposed revocation or suspension; shall state that the Licensee
may request a hearing within fifteen (15) calendar days of the postmarked date on the
notice; and shall be delivered both by posting the notice at the location of the Massage
Establishment and by sending the notice by certified mail, postage prepaid, addressed to
the Licensee as that name and address appear on the License. Within fifteen (15)
calendar days after the later of the mailing or posting of the notice the Licensee may file
a request for hearing with the City Council. If the request for a hearing is filed within fifteen
(15) calendar days of the mailing or posting of the notice referred to herein, the Police
Chief shall transmit the request to the City Clerk, and the hearing shall be provided.
Upon the City Clerk's receipt of a written request for a hearing, the City Council shall
conduct a public hearing. The City Council shall conduct public hearing within forty -five
(45) calendar days of the filing of such request by the Licensee. Notice of time and place
of the hearing shall be given to the Licensee by personal service or via certified mail,
postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public
hearing. At the hearing, the Licensee and the City shall be entitled to present relevant
evidence, testify under oath and call witnesses who shall testify under oath. The City
Council shall not be bound by the statutory rules of evidence in the hearing, except that
hearsay evidence may not be the sole basis for the determination of the City Council.
At the conclusion of the hearing, the City Council shall decide whether the grounds
for revocation or suspension exist. The decision by the City Council shall be forwarded by
certified mail, postage prepaid, to the Licensee within three (3) days of the City Council's
decision. If the City Council determines that any grounds for revocation or suspension
exist, as provided in Sections 15A -24 and /or 15A -25 of this Chapter, the Police Chief,
based upon the decision of the City Council or, if no hearing was requested by the
Licensee, based upon the report of the City staff, shall immediately revoke or suspend the
appropriate License(s). The decision of the City Council upon appeal, or the decision of
the Police Chief in the absence of a timely appeal, shall be final and conclusive.
Sec. 15A -27. Reapplication after Denial.
An Applicant for either a License or a permit under this Chapter whose application
for such License or permit has been denied may not reapply for such License or permit for
a period of one (1) year from the date such notice of denial 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 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 officer who issued it not later
than the end of the third (3rd) business day after notification of the cancellation,
suspension, revocation, or invalidation.
Sec. 15A -30. Violation and Penalty.
(A) Violations of this Chapter may be enforced pursuant to the provisions of
Section 1 -7 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
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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.
Sec. 15A-31. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance,
and each and every section, subsection, sentence, clause or phrase not declared invalid
or unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
Sec. 15A -32. Conflicting Ordinances Repealed.
All ordinances or parts of ordinances, or regulations in conflict with the provisions
of this Chapter are hereby repealed."
SECTION 2
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or
unconstitutional.
SECTION 3
The City Clerk shall certify to the passage of this Ordinance as an urgency
ordinance and shall cause the same to be posted in the manner approved by law.
FIRST READ at a regular meeting of the City Council of said City held on the
27th day of May , 1997; and finally adopted and ordered posted at a
regular meeting held on the 9th day of June , 1997.
ATTEST:
clAiL-e- Oh . 446.4.v.:4,„
LERK OF THE CITY OF CYPRESS
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‘r ejleul 61.....--4-1(
MAYOR OF THE CITY OF CYPRESS