Ordinance No. 455ORDINANCE NO. 455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING CHAPTER 15A TO THE CYPRESS MUNICIPAL CODE, REGULATING
MASSAGE PARLORS, BATHS, SAUNA BATHS, AND SIMILAR BUSINESS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15A is added to the Cypress Municipal Code to read:
"CHAPTER 15A"
MASSAGE PARLORS
SECTIONS:
15A -1 Definitions.
15A -2 Permit Required.
15A -3 Exceptions.
15A -4 Application; Fee.
15A -5 Application; Contents.
15A -6 Facilities Necessary.
15A -7 Permit Procedures.
15A -8 Issuance of Permit.
15A -9 Appeal.
15A -10 Display of Permit.
15A -11 Change of Location.
15A -12 Employees.
15A -13 Inspection.
15A -14 Records of Treatment
15A -15 Name of Business.
15A -16 Grounds for Revocation or Suspension.
15A -17 New Application After Denial or Revocation
of Permit.
15A -18 Surrender of Permits.
15A -19 Sale or Transfer.
15A -20 Applicability of Regulations to Existing
Business.
15A -21 Violation and Penalty.
15A -22 No Effect on Zoning Law.
15A -23 Severability.
15A -1 Definitions. For the purpose of the provisions regulating baths,
sauna baths, massage parlors and similar businesses hereinafter set forth, the
following words and phrases shall be construed to have the meanings herein set
forth, unless it is apparent from the context that different meaning is intended:
(a) Massage: A method of treating the external parts of the body for
remedial or hygienic purposes, consisting of rubbing, stroking, kneading,
or tapping with the hand or any instrument.
(b) Massage parlor or massage establishment: An establishment having
a fixed place of business where any person, association, firm, or corporation
engages in, conducts, or carries on, or permits to be engaged in, conducted,
or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat,
electric, salt, magnetic, or any other kind or character of massage, baths,
alcohol rub, fomentation, manipulation of the body or similar procedures.
(c) Massage technician or technicians: Any person, male or female, who
administers to another person, for any form of consideration, a massage,
alcohol rub, fomentation, bath, electric or magnetic massage procedure,
manipulation of the body, or other similar procedure.
15A -2 Permit Required. It shall be unlawful for any person, association,
firm, or corporation to engage in, conduct, or carry on, or to permit to be
engaged in, conducted, or carried on, in or upon any premises within the City
of Cypress, the business of a massage establishment, or to render, or permit to
be rendered within the City of Cypress, the business of massage at a location
41t:
removed from a massage establishment in the absence of a permit issued by
the City of Cypress pursuant to the provisions hereinafter set forth.
15A -3 Exceptions. The requirements of Section 15A -2 et seq. shall have
no application and no effect upon and shall not be construed as applying to
any persons designated as follows: physician, surgeon, chiropractor, osteopath,
or any registered or licensed vocational nurse working under the supervision
of a physician, surgeon chiropractor, or osteopath duly licensed to practice
their respective professions in the State of California, nor shall the require-
ments of Sections 15A -2 et seq. apply to any treatment administered in good
faith in the course of the practice of any healing art or professions by any
person licensed to practice any such art or profession under the Business and
Professions Code of the State of California or of any other law of this State.
Practical nurses or other persons without qualifications as massage technicians,
or other persons not otherwise licensed by the State of California to practice
pursuant to the Medical Practice Act, whether employed by physicians, surgeons,
chiropractors, or osteopaths or not, may not give massages or massage procedures.
15A -4 Application; Fee. (a) Any person desiring to obtain a permit to
operate a massage establishment or to perform massage services shall make
application to the Chief of Police upon a form provided by him. Such application
shall be accepted only upon a showing that $250°00 has been paid to the City
Director of Finance as a fee to investigate such applicant.
(b) Permits and fees required by this Chapter shall be in addition
to any license, permit or fee required under any other chapter of this code.
A permit to perform massage services does not authorize the operation of
a massage establishment.
15A -5 Application; Contents. Any applicant: for a permit shall submit the
following information:
(a) The full name and present address of the applicant;
(b) The two previous addresses immediately prior to the present
address of the applicant;
(c) Written statements signed under declaration of perjury by at
least five (5) bona fide residents of the State of California that the
applicant is of good moral character;
(18);
(d) Written proof that the applicant is over the age of eighteen years
(e) The applicant's height, weight, color of eyes and hair;
(f) Two portrait photographs at least 2" x 2 ";
(g) The business, occupation, or employment of the applicant for the
three (3) years immediately preceding the date of the application;
(h) The massage or similar business license history of the application;
whether such person, in previously operating in this or another city or state
under license, has had such license revoked or suspended, the reason therefor,
and the business activity or occupation subsequent to such action of suspen-
sion or revocation;
(i) Whether the applicant has ever been convicted of any crime and if
so the circumstances thereof and the sentence therefor;
(j) A certificate from a medical doctor stating that the applicant has,
within thirty days immediately prior thereto, been examined and found to be
free of any contagious or communicable disease;
(k) Applicant must furnish a diploma or certificate of graduation from
a recognized school or other institution of learning wherein the method,
profession and work of massage technicians is taught. The term "recognized
school" shall mean and include any school or institution of learning which
has for its purpose the teaching of the theory, the method, profession,
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or work of massage technicians, which school requires a resident course
of study of not less than two hundred (200) hours to be given in not
less than three calendar months before the student shall be furnished
with a diploma or certificate of graduation from such school or institution
of learning showing the successful completion of such course of study or
learning.
Schools offering a correspondence course not requiring actual attendance
of class shall not be deemed a "recognized school." The City of Cypress may
confirm the fact that the applicant has actually attended classes in a recog-
nized school for the aforementioned minimum time periods by requiring the
applicant to submit to a written examination in the field of massage techniques,
(1) Such other identification and information necessary to discover
the truth of the matters hereinbefore specified as required to be set forth
in the application;
(m) Nothing contained herein shall be construed to deny to the Police
Department of the City of Cypress the right to take the fingerprints and
additional photographs of the applicant, nor shall anything contained
herein be construed to deny the right of said department to confirm the
height and weight of the applicant.
15A -6 Facilities Necessary. No permit to conduct a massage establishment
shall be issued unless an inspection is made under the provisions of Section 15A -13
hereof and it is determined that the establishment complies with each of the
following minimum requirements:
(a) A recognizable and readable sign shall be posted at the main
entrance identifying the establishment as a massage establishment; provided,
that all such signs shall comply with the sign requirements of the City of
Cypress;
(b) Minimum lighting shall be provided in accordance with the Uniform
Building Code, and, in addition, at least one artificial light of not less
than 40 watts shall be provided in each enclosed room or booth where massage
services are being performed on a patron;
(c) Minimum ventilation shall be provided in accordance with the
Uniform Building Code;
(d) Adequate equipment for disinfecting and sterilizing instruments
used in performing the acts of massage shall be provided;
(e) Hot and cold running water shall be provided at all times;
(f) Closed cabinets shall be provided, which cabinets shall be utilized
for the storage of clean linen;
(g) In any establishment in which massage services are rendered only
to members of the same sex at any one time, such persons of the same sex
may be placed in a single, separate room, or the operators of the massage
establishment may elect to place such persons of the same sex in separate
enclosed rooms or booths having adequate ventilation to an area outside
said room or both while massage services are being performed;
(h) Adequate bathing, dressing, locker, and toilet facilities shall
be provided for patrons. A minimum of one tub or shower, one 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 toilet and one
washbasin, shall be provided by every massage establishment; provided, however,
that if male and female patrons are to be served simultaneously at the establish-
ment, separate bathing, a separate massage room, or rooms, separate dressing
and separate toilet facilities shall be provided for male and for female patrons;
(i) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms,
and all other physical facilities 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 compartments, and
toilet rooms shall be thoroughly cleaned each day the business is in operation.
Bathtubs shall be thoroughly cleaned after each use;
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(j) Clean and sanitary towels and linens shall be provided for each
patron of the establishment or each patron receiving massage services, •
No common use of towels, or linens shall be permitted;
(k) A minimum of one separate washbasin shall be provided in each
massage establishment for the use of employees of any such establishment,
which basin shall provide soap or detergent and hot and cold running water
at all times and shall be located within or as close as practicable to the
area devoted to the performing of massage services. In addition, there
shall be provided at each washbasin, sanitary towels placed in permanently
installed dispensers;
(1) Proof of compliance with all applicable provisions of the Cypress
Municipal Code shall be provided.
15A -7 Permit Procedures. (a) Any applicant for a permit pursuant to
these provisions shall personally appear at the Police Department of the City of
Cypress and produce proof to the Police Department that the Two Hundred and Fifty
Dollar application fee has heretofore been paid to the City Finance Director and
thereupon said applicant shall complete an application containing the aforementioned
and described information. The Chief of Police shall have a reasonable time in
which to investigate the application and the background of the applicant for
the protection of the public interests, and upon the completion thereof, shall
notify the applicant, by registered or certified mail at his or her address shown
on the application, whether or not such permit may be issued; in all events the
Chief of Police shall send the notification to the applicant by registered or
certified mail at his or her address shown on the application within thirty (30)
days after the Chief of Police receives the completed application.
(b) In the event that the Chief of Police decides not to issue a
permit, then the Chief of Police shall include a reasonably definite state-
ment of the grounds for the decision in the notice to the applicant.
(c) The Division of Building and Safety, the Fire Department and the
Orange County Health Department may inspect the premises proposed to be
devoted to the massage establishment, and may make separate recommendations
to the Chief of Police concerning compliance with the foregoing provisions..
15A -8 Issuance of Permit. The Chief of Police shall grant a permit to the
establishment if all requirements for a massage establishment described herein are
met, and shall issue a permit to all persons who have applied to perform massage
services and have complied with the provisions of this Chapter unless it appears
that any such person is not of good moral character or has deliberately falsified
the application or unless it appears that the record of any such person reveals
a conviction of a felony or a crime of moral turpitude.
Any permits issued hereunder are nontransferable.
15A -9 Appeal. Upon any permit required by this Chapter being refused, sus-
pended or revoked, the applicant or permittee may, within fifteen days after
notice thereof has been sent by registered or : ertified mail, addressed to him
at his address on file with the Chief of Police, file a written request, con-
taining his address, with the City Clerk, for a hearing by the Council to
reconsider such refusal or revocation Upon the receipt of any such request,
the City Clerk shall set such hearing within thirty days and unless waived in
writing by such person, shall send a notice of the time and place thereof by
registered or certified mail to the person making such request at the address
shown therein at least fifteen days in advance of such hearing. The Council
may order the issuance, continuation or reinstatement of any permit required
by this Chapter. The applicant shall have the right to (1) present witnesses
on his own behalf; (2) to cross- examine witnesses; (3) to present evidence and
(4) to full and fair determination according to the evidence.
15A -10 Display of Permit. Every person, association, firm or corporation
to whom or for which a permit shall have been granted shall display said permit
in a conspicuous place so that the same be readily seen by persons entering
the premises where the massage, bath, or treatment is given
15A -11 Change of Location. A change of location of any of the aforementioned
and ddscribed premises may be approved by the Chief of Police and the Secretary
of the Planning Commission, provided all ordinances and regulations of the City
of Cypress are complied with and a change of location fee of Fifty Dollars
($50000) is deposited with the City,
15A -12 Employees. It shall be the responsibility of the holder of the
permit for the massage establishment, or the employer of any persons purporting
to act as massage technicians, to insure that each person employed as a massage
technician shall first have obtained a valid permit pursuant to this Chapter,
Any massage technician aide shall comply with the requirements of Section
15A -5e
15A -13 Inspection. The Chief of Police or his agent may, and the Building
Official and Inspector, Fire Marshall, Orange County Health Officer, shall, prior
to the issuance of a permit hereunder, and from time to time thereafter, and at
least twice each year, make an inspection of each massage establishment in the
City of Cypress for the purpose of determining that the provisions of this
Chapter are met, and will furnish a copy of the reports of such inspections to
the Chief of Police.
15A -14 Records of Treatment. Every person, association, firm, or cor-
poration operating a massage establishment under a permit as herein provided
shall keep a record of the date and hour of each treatment, the name and
address of the patron, and the name of the technician administering such treatment.
Said record shall be open to inspection by officials charged with the enforcement
of these provisions for the purposes of Law enforcement, Identical records
shall be kept of treatments rendered off the business site, and in addition,
shall describe the address where the treatment was rendered:, Said records shall
be maintained for a period of two (2) years.
15A -15 Name of Business. No person licensed to do business as herein
provided shall operate under any name or conduct his business under any designation
not specified in his permit.
15A -16 Grounds for Revocation or Suspension. (a) The Chief of Police may
revoke or suspend any permit granted or issued under the provisions of this Chapter
at any time for a material false statement(s) contained in the application or for
a failure to comply with the provisions of this Chapter or of any law of the
State of California regulating massage establishments, massage technicians or
massage treatment aides, or whenever he determines the permittee is no longer
a person of good moral character or has been convicted of a felony or of a
crime of moral turpitude or violence or for otherwise conducting such establish-
ment, or himself or herself in any manner in a massage establishment which en-
dangers the public welfare or patrons thereof.
(b) Notice of any such suspension or revocation shall be given in
writing delivered or sent by registered or certified mail to the person
to whom such permit was issued and shall take effect at the expiration
of the fifteenth day after such mailing unless the permittee has thereto-
fore filed an appeal therefrom to the Council.
(c) APPEAL TO COUNCIL. Any person, aggrieved by the decision of the
Chief of Police, may appeal therefrom to the Council in the manner provided
in Section 15A -9;
(d) FAILURE TO APPEAL. in the event no appeal is taken by the permit
holder, the decision of the Chief of Police, revoking or suspending such
permit, shall become final and conclusive on expiration of the time herein
fixed for appeal.
15A -17 New A .location After Denial or Revocation of Permit. No person
may apply for any permit authorized by this Chapter within one year from any
denial of any such permit to such person or from the revocation of any such permit
issued to such person, unless the cause of the denial or revocation has been, to
the satisfaction of the Chief of Police or Council, removed within such time.
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112( "
15A -18 Surrender of Permits. Each person to whom a permit has been issued
under this Chapter shall immediately surrender his permit to the Chief of Police
upon its revocation or suspension,
15A -19 Sale or Transfer, Upon the sale or transfer of any interest in
a massage establishment, the permit and license shall be null and void. A new
application hereunder shall be made by any person, firm, or entity desiring to
own or operate such massage establishment.
15A -20 Applicability of Regulations to Existing Businesses. The provisions
of this Chapter shall be applicable to all activities described herein, whether
or not engaged in before or after the effective date of this ordinance, Any
person lawfully engaged in any such activities prior to the effective date of
this ordinance may continue such activities for a period of sixty days thereafter
in order to terminate such activities or to pay the fee and file the application
required by this Chapter. Any such person who pays such fee and files such
application within said time may continue such activities until fifteen days
after such application is denied by the Chief of Police or by the Council in
the event of an appeal to it of a denial by the Chief of Police,
15A -21 Violation and Penalty, (a) Every person, except those persons
who are specifically exempted by this Chapter, whether acting as an individual,
owner, employee of the owner, operator or employee of the ,operator, or whether
acting as a mere helper for the owner, employee, or operator, or whether acting
as a participant or worker in any way, who does or practices any of the other
things or acts mentioned in this Chapter for which a permit is required without
first obtaining a valid permit from the City shall be guilty of a misdemeanor;
(b) Any owner, operator, manager, or permittee in charge of or in
control of a massage establishment who knowingly employs a person performing
as a massage technician as defined in this Chapter who is not in possession
of a valid permit, or who allows such an employee not possessing a valid
permit to perform, operate or ps:actice within such a place of business,
is guilty of a misdemeanor;
(c) 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 nuis,nce and the City Attorney
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 cc 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 tha provisions of this
Chapter.
15A -22 No Effect on Zoning Law, Nothing in this ordinance shall be con-
strued to modify, repeal or affect the zoning laws of the City of Cypress,
15A -23 Severabilityo If any word, phrase, clause, sentence or section
of this Chapter is for any reason invalid, such invalidity shall not impair
the validity of any other part of this Chapter and the Council hereby declares
that it would have enacted all of this Chapter without any such invalid part
thereof.
PASSED AND ADOPTED by the City Council of the City or Cypress at a regular
meeting held on the 12th day of July, 191
ATTEST:
CITY C 'T E CITY OF CYPRESS
LC.
MAYOR OF THE CITY OF CY'RESS
6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was adopted at a regular meeting of the said City
Council held on the 12th day of July, 1971, by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanel, Kanode, Lacayo, Roberts and Harvey
None
None
CI CLERK 0 THE ITY OF CYPRESS