HomeMy WebLinkAboutOrdinances - No. 1792ORDINANCE NO. 1792
AN ORDINANCE OF THE LODl CITY COUNCIL
REPEALING AND REENACTING CHAPTER 5.32
OF THE LODl MUNICIPAL CODE PERTAINING TO
MASSAGE ESTABLISHMENTS
~~
BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 5.32 is hereby repealed in its entirety and
reenacted to read as follows:
Sections:
5.32.005
5.32.01 0
5.32.015
5.32.020
5.32.025
5.32.030
5.32.035
5.32.040
5.32.045
5.32.050
5.32.055
5.32.060
5.32.065
5.32.070
5.32.075
5.32.080
5.32.085
5.32.090
5.32.095
5.32.100
5.32.005
CHAPTER 5.32
MASSAGE ESTABLISHMENTS
Findings and Purpose.
Definitions.
Operators Permit Required.
Application for Operator’s Permit.
Operator’s Permit: Issuance; Denial; Operation.
Massage Technician’s Permit.
Application for Massage Technician’s Permit.
Massage Technician’s Permit: Issuance; Denial; Operation.
Off-Premises Massage Permit.
Massage Establishment Facilities and Operations.
Change of Business.
Fees.
Exemption; Existing Permittees.
Transfer and Duration of Permits.
Suspension, Revocation, Denial, and Appeal.
Compliance with this Chapter.
Operation with Revoked Permit.
Massage Technician Compliance with this Chapter.
Violation and Penalty.
Unlawful Operation Declared Nuisance.
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 Lodi.
B. The City of Lodi is authorized, by virtue of the California Constitution and Section
51 031 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 massage establishments.
C. There is significant risk of injury to massage clients by improperly trained andlor
educated massage technicians, and this Chapter provides reasonable safeguards against
injury and economic loss.
D. Regulating the business of massage is necessary to preserve the health and safety of
the individuals using or working in such establishments by regulating the sanitation and
decency of such establishments, the maintenance of facilities, and by requiring the operator’s
compliance with applicable state law.
1
E.
may result from a lack of regulation of massage establishments.
F. Issuance of a license to engage in the business of massage in the City of Lodi without
adequate regulation would unduly jeopardize the health, morals, and welfare of the
community.
5.32.01 0 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning, and application of words and
phrases used in this Chapter.
A. “Chief of Police.” The Chief of Police of the City of Lodi, or hisher designated
representative.
8. “City Manager.” The City Manager of the City of Lodi or hidher designated
representative.
C. “City Council.” The City Council of the City of Lodi.
D. “Conviction”; “Convicted.” A plea or verdict of guilty or a conviction following a plea of
nolo contendere.
E. “Client Area.” Areas open to customers of the massage establishment.
F. “Health Department.” San Joaquin County Public Health Services.
G. “Manager.” The person(s) designated by the operator of the Massage Establishment
to act as the representative and agent of the operator in managing day-to-day operations with
the same liabilities and responsibilities. Evidence of management includes, but is not limited
to, evidence that the individual has power to direct, hire, or dismiss employees, control hours
of operation, create policies or rules, or purchase supplies. A manager may also be an owner.
A manager must meet the standards and qualifications of Section 5.32.030, et seq., to qualify
as a manager and obtain a massage technician’s permit.
H. “Massage.” Any method of treating the external parts of the body for remedial,
hygienic, relaxation, or any other reason or purpose, whether by means of pressure on, friction
against, or stroking, kneading, tapping, pounding, vibrating, rubbing, stimulating, or other
manner of touching the external parts of the body with the hands or with the aid of any
mechanical or electrical apparatus or appliance with or without supplementary aids such as
rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other
similar preparations commonly used in the practice of massage.
I. “Massage Establishment.” Any business conducted within the City of Lodi where any
person, firm, association, partnership, corporation, or combination of individuals engages in,
conducts, carries on, or permits to be conducted or carried on, for money or any other
consideration, any activity set forth in the definition of “Massage” in this section, and any
establishment engaged in, carrying on, or permitting any combination of massage, baths, or
health treatments involving massage or baths, shall be deemed a massage establishment.
J. “Massage Technician.” Any person who administers to another person for any form of
consideration whatsoever a ”massage” as defined in this section. The term “massage
therapist” and “massage practitioner” are included within this definition for purposes of this
Chapter.
This Ordinance will also serve to reduce or eliminate the risk of illegal activity, which
2
K.
Chapter for a Massage Technician.
L.
and are responsible for its day-to-day operations.
M.
operate or manage a massage establishment.
N.
0.
combination of individuals of whatever form or character.
P. “Recognized School.” Any school or institution of learning, which teaches, through
state certified instructors, the theory, ethics, practice, profession, or work of massage, which
school or institution complies with California Education Code Section 94310 or 9431 1, and
which requires a resident course of study before each student shall be furnished with a
diploma or certificate of graduation; or if said school is not located in California, has complied
with the standards commensurate with those required in Section 94311 of the California
Education Code. Schools offering a correspondence course not requiring actual attendance
shall not be deemed a recognized school.
Q.
R.
independent contractors.
S.
Community, as distinguished from acts prohibited by law.
5.32.01 5 Operator’s Permit Required.
A. No person shall operate a massage establishment within the City without first
obtainina an oDerator’s Dermit Dursuant to Sections 5.32.020 and 5.32.025 of this
“Massage Technician’s Permit.” The permit required pursuant to the provisions of this
“Operator.” All persons who have ownership interest in the Massage’ Establishment
“Operator’s Permit.” The permit required pursuant to the provisions of this Chapter to
“Owner.” The individual(s) whose name appears on the City business license.
“Person.” Any individual, corporation, partnership, firm, association, or other group or
“Police Department.” The Police Department of the City of Lodi
“Employee.” For purposes of this Chapter, the term “employee” shall include
“Moral Turpitude.” A crime, which infringes upon the moral sentiment of the
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Chapter, securing the necessa; business license as required by this Code, and
complying with Title 17 of this Code.
5.32.020 Application for Operator’s Permit.
Any person seeking an operator’s permit for a massage establishment or manager’s
position for a massage establishment shall file a written application on the required form
with the Police Department who shall conduct an investigation. The application shall be
accompanied by a nonrefundable filing fee established from time to time by Resolution
of the City Council to defray the cost of investigation required by this Chapter. The
application shall be completed and signed by the operator or manager of the proposed
massage establishment, if a sole proprietorship; one general partner, if the operator is a
partnership; one officer or one director, if the operator is a corporation; and one
participant, if the operator is a joint venture. The application for permit does not
authorize operation of a massage establishment unless and until such permit has been
properly granted. The application shall contain or be accompanied by the following
information:
3
A. 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 or charter together with
the state and date of incorporation and the names and residence addresses of each of
its current officers and directors, and of each stockholder holding more than five percent
(5%) of the stock of that corporation. If the State of incorporation is outside of California,
the corporation must be qualified to conduct business in California by the Secretary of
State. If the applicant is a partnership, the application shall set forth the name and
residence 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 subsection
pertaining to corporations 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.
B.
C.
D.
City of Lodi, which is owned or operated by the applicant.
E.
The precise name under which the massage establishment is to be conducted.
The complete address and all telephone numbers of the massage establishment.
A description of any other business operated on the same premises, or within the
The following personal information concerning the applicant:
1.
2.
Full true flame and all aliases used at any time by the applicant.
Current residence address and telephone number of the applicant. The
previous residence addresses of the 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.
Acceptable written proof that the applicant is at least eighteen (18) years
of age.
Height, weight, color of hair, eyes, gender, and date and place of birth, unless the applicant is a partnership or corporation, in which case this
information shall be supplied for the person or persons authorized to
execute the application.
Two (2) front-faced portrait photographs at least two (2) inches by two (2)
inches in size of the applicant taken within six (6) months of the date of
the application.
The applicant’s complete business, occupation, and employment history
for the eight (8) years prior to the date of application, including, but not
limited to, the massage or similar business history and experience of the
applicant.
The name and address of the recognized school attended, the date
attended, and a copy of the diploma or certificate of graduation awarded
to the applicant.
3.
4.
5.
6.
7.
4
8. The complete massage permit history of the applicant; whether such
person has ever had any permit or license issued by any agency, board,
city, county, territory, or state; the date of issuance of such a permit or
license, whether the permit or license was denied, revoked, or
suspended; or if a vocational or professional license or permit was
denied, revoked, or suspended: and the reason(s) therefore.
All criminal convictions, including pleas of nolo contendere and ordinance
violations, within the ten (10) year period prior to the date of the
application, including those dismissed or expunged pursuant to Penal
Code Section 1203.4, but excluding minor traffic violations, and the date
and place of each such conviction and reason therefore.
A complete set of fingerprints taken by the Police Department.
9.
10.
F. The name and address of the owner and lessor of the real property upon or in
which the massage establishment 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 notarized acknowledgement from the owner of the property that a massage
establishment will be located on the subject property.
G.
contained in the application.
H. Such other identification and information as the Chief of Police may require in
order to discover the truth of the matters specified and required to be set forth in the
application.
I.
penalty of perjury that all information contained in the application is true and correct.
J. If, during the term of a permit, the permit holder has any change in information
submitted on the original or renewal application, the permit holder shall notify the Police
Department in writing of such change within ten (10) business days thereafter.
K.
two (2) massage technicians on-site performing massages simultaneously.
L.
premises.
5.32.025
A. Issuance of Application. Upon receipt of the completed application, the Chief of
Police shall have sixty (60) days to investigate the application and the background of the
applicant, including, but not limited to, any past criminal convictions as provided by the
Justice Department or other legally authorized agency. The sixty (60) day period may
be extended for up to thirty (30) additional days by the Chief of Police, if necessary, to
complete the investigation. Upon completion of the investigation, the Chief of Police
shall grant the permit if he/she finds:
Authorization for the City, its agents, and employees to verify the information
A statement in writing and dated by the applicant that he or she certifies under
A statement as to whether the applicant intends at any time to employ more than
A statement as to whether the applicant intends to provide massage services off-
Operator’s Permit: Issuance; Denial: Operation.
(1)
(2)
The required fee has been paid.
The applicant conforms in all respects to the provisions of this Chapter.
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(3) The applicant has not knowingly made any false, misleading, ,or
fraudulent statements in the application.
The applicant has fully cooperated in the investigation of his or .her
application.
The applicant, if an individual, or any officers, directors, or shareholders
of the corporation holding more than 5% of the stock, if the applicant is a
corporation, or any of the partners, including limited partners, If the
applicant is a partnership, has not been convicted in a court of competent
jurisdiction of an offense involving conduct, which requires registration
under California Penal Code Section 290, or of conduct violating Penal
Code Sections 266, 314,315, 316, 318, 647(a), and 647(b), or any felony
offense involving the sale of a controlled substance as specified in
Sections 11 054, 11 055, 11 056, 1 1057, or 1 1058 of the Health & Safety
Code or convicted of an attempt to commit any of the abovementioned,
offenses or convicted in any state of any offense, which if committed or
attempted in this state, or conspiracy to commit any of the above
offenses, would have been punishable as one or more of the
abovementioned offenses, or any crime involving dishonesty, fraud,
deceit, or moral turpitude.
The massage establishment, as proposed by the applicant, would comply
with all applicable laws, including but not limited to zoning, fire, and safety
requirements and standards.
The applicant is at least eighteen (18) years of age.
The applicant has not engaged in conduct, which would constitute
grounds for suspension or revocation under this Chapter.
(4)
(5)
(6)
(7)
(8)
B. __ Denial.
period of six (6) months from the date the application was denied.
C. Operation. All operators and managers of massage establishments shall
comply with the following operating requirements and any conditions specified by the
Chief of Police upon issuance of a permit:
Except to the extent required, in writing, by a state licensed medical
practitioner, no 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 operator or manager of a massage
establishment allow or permit such massage. No massage operator or
designated manager while performing any task or service associated with
the massage business shall be present in any room with another person
unless the person’s genitals, gluteal fold, anus, or the female breast(s),
are fully covered.
No owner, operator, or manager will instruct or allow any person or
persons to instruct or engage in, practice, or learn the art of massage on
clients or other staff members at any massage establishment unless the
owner, operator, or manager possesses a valid diploma or certificate of
graduation from a recognized school and possesses a massage
technician’s permit issued by the City of Lodi.
If an application is denied, the applicant may not reapply for a
1.
2.
6
3. No person granted a permit pursuant to this Chapter shall use any name
or conduct business under any designation not specified in his or her
permit.
All massage establishments required to be licensed under this Chapter
shall have a manager on the premises at all times that the massage
establishment is open. The operator of each massage establishment
shall file a statement with the Chief of Police designating the person or
persons with power to act as a manager. The operator and/or on duty
manager shall post, on a daily basis, the name of each on duty manager
and each on duty massage technician in a conspicuous public place in
the lobby of the massage establishment. The operator, or the manager in
the operator‘s absence, shall be responsible for ensuring compliance with
this Chapter.
No licensed massage establishment shall be open for business without
having at least one massage technician holding a current valid permit for
the specific establishment on the premises, and on duty, at all times when
said establishment is open.
4.
5.
6. The operator, designated manager@) shall ensure the massage
technician’s permit for each on-duty massage technician is conspicuously
displayed in a public place in the lobby and that each massage technician
is wearing or has on their person the identification required by Section
5.32.040(C)(3) at all times when in the massage establishment is open.
Such identification shall be provided to City regulatory officials upon
demand.
An operator and/or on duty manager shall be responsible for the conduct
of ,all employees while the employees are on the premises. Any act or
omission of any employee constituting a violation of the provisions of this
Chapter shall be deemed the act or omission of the operator for purposes
of determining whether the operator’s permit shall be revoked,
suspended, denied, or renewed.
7.
8. No operator or manager shall employ any person as a massage
technician who does not have a valid massage technician’s permit issued pursuant to this Chapter. Every operator or manager shall report to the
Chief of Police any change of employees, whether by new or renewed
employment, discharge or termination, on the form and in the manner
required by the Chief of Police. 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 operator shall
deliver the permit and photo identification card of any massage technician
no longer employed by the operator to the Chief of Police within five (5)
days of the termination of employment.
All persons employed in the massage establishment shall be fully clothed
at all times. Clothing shall be a fully opaque, non-transparent material
and shall provide complete covering from mid-thigh to no more than three
(3) inches below the collar bone, and provide complete coverage of the
genitalia and female breasts.
9.
7
10. The operator shall comply with all provisions of this Chapter and any
applicable provisions of the Lodi Municipal Code.
No operator, owner, massage technician, or other employee shall have
on the premises: 1) any videos, pictures, or magazines depicting
pornographic material; 2) condoms; or 3) other sexual devices.
All persons employed at any massage establishment must be a United
States citizen or be a lawful resident of the United States pursuant to Title
8 of the United States Code.
11.
12.
5.32.030 Massage Technician’s Permit.
No person shall perform or administer a massage, or advertise to provide massage
services in the City of Lodi, unless such person has in effect a valid massage
technician’s permit issued pursuant to Sections 5.32.035 and 5.32.040 of this Chapter,
and securing the necessary business license as required by this Code.
5.32.035
A. Any person seeking a massage technician permit shall file a written application
on the required form with the Police Department, which shall conduct an investigation.
The application shall be accompanied by the appropriate filing fee established from time
to time by resolution of the City Council to defray the cost of investigation required by
this Chapter. The application shall contain or be accompanied by the following
information:
Application For Massage Technician’s Permit.
1. A statement of the location at which the applicant will be working as a
massage technician, including the full street address and all telephone
numbers associated with said location;
Full true name and all aliases used at any time by the applicant, along
with current residence address and telephone number;
All previous residential addresses, if any, for a period of eight (8) years
immediately prior to the application and the dates of residence at each;
2.
3.
4. Acceptable written proof that the applicant is at least eighteen (18) years
of age;
Height, weight, color of hair and eyes, gender, and date and place of
Two (2) front-faced portrait photographs at least two (2) inches by two (2)
inches in size of the applicant taken within six (6) months of the date of
the application;
The business, occupation, and employment history of the applicant for the
eight (8) years prior to the date of the application;
The complete permit history of the applicant, including whether the
applicant has ever had any license or permit, issued by any agency,
board, city, or other jurisdiction, denied, revoked, or suspended and the
reason(s) therefore.
5.
birth;
6.
7.
8.
8
9. All criminal convictions, including pleas of nolo contendere and ordinance
violations, within the ten (10) years prior to the date of the application,
including those dismissed or expunged pursuant to Penal Code Section
1203.4, but excluding minor traffic violations, and the date and place of
each such conviction and reason therefore.
10. A complete set of fingerprints taken by the Police Department.
B. Such other information and identification as the Chief of Police may retJI.Iire in
order to discover the truth of the matters specified and required to be set forth in the
application.
C. Authorization for the City, its agents, and employees to verify the information
contained in the application.
D. A statement in writing, and dated, by the applicant that he or she certifies under
penalty of perjury that all information contained in the application is true and correct.
E. If, during the term of a permit, a permit holder has any change in information
submitted on the original or renewal application, the permit holder shall notify the Police
Department in writing of such change within ten (10) business days thereafter.
F. Each applicant must furnish an original or certified copy of a diploma or certificate
and certified transcript of graduation for completion of 200 hours of instruction from a
recognized school.
The Chief of Police 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 the
school attended.
Any outside course of study submitted for approval shall meet the State of
California’s Office of Post-Secondary Education’s minimum requirements
and applicant shall have completed 200 hours of training.
5.32.040 Massage Technician’s Permit: Issuance; Denial; Operation.
application and the background of the applicant, including, but not limited to, any past
criminal convictions as provided by the Justice Department or other legally authorized
agency. The sixty (60) day period may be extended for up to thirty (30) additional days
by the Chief of Police, if necessary, to complete the investigation. Upon completion of
the investigation, the Chief of Police shall grant the permit if, in addition to the finding
that the applicant will work in a massage establishment, which complies with Section
5.32.050 of this Chapter, the following requirements have been met:
The applicant has graduated from a recognized school of massage prior
to issuance of the permit and furnished an acceptable diploma or
certificate of graduation.
The applicant has not had a massage establishment permit or massage
technician’s permit or other similar license or permit denied or revoked for
cause by a licensing authority or by any city, county or state within three
(3) years prior to the date of application.
The applicant has met the following requirements:
1.
2.
A. Issuance. The Chief of Police shall have sixty (60) days to investigate the
(a)
(b)
(c)
9
(1) Completed two-hundred (200) hours of instruction in a massage
specialty (therapeutic approach) at a recognized school of
massage; or
Completed two-hundred (200) documented hours of practical
experience in a massage specialty at:
(i) a primary office of and under the direct supervision of a
medical professional licensed by the State of California,
specifically a physician, surgeon, chiropractor, osteopath,
physical therapist or nurse, while such medical
professional is performing activities encompassed by such
license and is physically on the premises where the
massage therapy is being administered; and
200 additional hours of continuing education classes or
seminars in the field of massage therapy offered by a
recognized school of massage.
The applicant has not been convicted of any of the offenses listed in
Section 5.32.025(A)(5) within the last five (5) years.
If the application is denied, the applicant may not reapply for a
(2)
(ii)
(d)
B. - Denial.
period of six (6) months from the date the application was denied.
C. All massage technicians shall comply with the following conditions
and any other conditions specified by the Chief of Police on issuance of the massage
technician’s permit.
Operation.
1. Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician, massage technician aide, or
employee shall massage the genitals, gluteal fold, or anal area of any
patron or the breast(s) of any female patron. No massage technician,
massage technician aide, or employee, while performing any task or
service associated with the massage business, shall be present in any
room with another person unless the person’s genitals, gluteal fold, anus,
or female breast(s) are fully covered.
No massage technician shall massage any patron unless the person’s
genitals, gluteal fold, anus, or female breast(s) are fully covered at all
times while the technician or other employee is present in the same room
as the patron.
The massage technician shall wear or have on their person a photo
identification card prepared and issued by the City at all times when
present in the massage establishment, or have the photo identification
card posted in a conspicuous location within the room in which the
massage technician will perform a massage. Such identification shall be
provided to City regulatory officials upon demand. If a massage
technician changes his or her business address, he or she shall, prior to
such change, obtain from the Chief of Police a new photo identification
card and advise the Police Department, in writing, of the new business
address.
2.
3.
10
4. Massage technicians shall not perform any massage at any location other
than the location specified on the permit, unless performing an off-
premises massage pursuant to permit and this Chapter.
While on duty the massage technician shall not use any name other than
that specified on the photo identification card.
Massage Technicians shall be fully clothed at all times. Clothing shall be
of a fully opaque, non-transparent material and provide complete covering
from mid-thigh to no more than three (3) inches below the collarbone and
shall completely cover the genitalia and female breast(s).
The massage technician consents to the inspection of the massage
establishment by the City’s Building and Safety, Fire Department, and
Police Department and the Health Department for the purpose of
determining that the provisions of this Chapter or other applicable laws or
regulations are met. The massage technician consents to the inspection
of the occupied massage rooms by the Police Department for the purpose
of determining that the provisions of this Chapter are met upon
occurrence of any of the conditions described in Section 5.32.050(6)(18),
which would require the posting of the Notice of All Patrons as described
therein.
5.
6.
7.
5.32.045 Off-Premises Massage Permit.
A. For purposes of this Chapter, a massage performed or administered off-premises
and requiring an off-premises massage permit shall be one performed or administered
for money or any other consideration by a licensed massage technician at a location
other than a massage establishment.
6. No person shall perform or administer a massage off the premises of a massage
establishment, for money or any other consideration, without obtaining a massage
technician permit under Sections 5.32.035 and 5.32.040 in conjunction with a valid
operator’s permit and an off-premises massage permit under this Chapter. Any person
desiring an off-premises massage permit shall file a written application on the required
form with the Police Department, which shall conduct an investigation. The applicant
shall accompany the application with the appropriate filing fee. The application shall
The complete name, including all aliases used at any time, residence and
business address, and telephone number of the applicant.
The precise name and complete address and telephone number of each
person receiving the off-premises massage.
The complete address at which the off-premises massage is to be
conducted.
The specific reasons necessitating the performance of the massage at a
location other than a massage establishment. If the off-premises
massage is to be conducted at a commercial business during normal
business hours while patron remains fully clothed, a letter from the
commercial business confirming these conditions shall accompany the
application.
Such other information deemed necessary by the Chief of Police.
contain or be accompanied by the following information:
1,
2.
3.
4.
5.
11
C. Upon receipt of a written application for an off-premises massage permit, the
Chief of Police shall initiate an investigation to ascertain whether such permit should be
issued as requested. Within ten (10) days of the filing of an application, the Chief of
Police shall approve, conditionally approve, or deny the application. The Chief of Police
shall issue the permit unless he or she finds that it is not reasonably necessary to
perform or administer the massage at a location other than the massage establishment.
The Chief of Police may specify conditions of the issuance of the off-premises massage
permit that are reasonably necessary to ensure compliance with this Chapter, City
ordinances, and applicable state law.
An off premises permit for chair massage only shall be valid for a period of one
(1) year. Chair massage is where a patron received a massage while fully clothed in a
public or semi public area. The areas massaged are the head, neck, back, arld arms
only.
5.32.050 Massage Establishment Facilities and Operations.
A. Facilities.
1. Structure. Massage shall be carried on in a structure, which is located in a
zoning district which permits such use. When a new massage establishment is
constructed, three (3) sets of plans shall be submitted to the City of Lodi
Community Development Department for approval and shall be accompanied
by the appropriate fees. The structure must comply with all applicable
provisions of Chapter 15 and 17 of this Code.
Sians. Subject to applicable provisions of this Code, each operator shall post
and maintain, adjacent to the main entrance and the front of the business, a
legible sign identifying the premises as a massage establishment. Each
operator and/or duty manager shall display the operator’s permit in a
conspicuous public place in the lobby of the massage establishment. The
hours of operation of the establishment must be posted in the front window and
clearly visible from the outside. The operator and/or on duty manager must
also post, on a daily basis in a conspicuous public place in the lobby of the
establishment, the name of the operator and/or on duty manager.
Services List. Each operator shall post and maintain a list of services available
and the cost of such services in a conspicuous public place within the
premises. No operator or responsible managing employee shall permit, and no
massage technician shall offer to perform, any service other than those posted.
Liahtina and Ventilation. Each operator shall provide in each room where
massage is given sufficient lighting and ventilation that complies with the
Uniform Building Code.
Toilet and Wash Basin Facilities. A minimum of one (1) toilet and one (1) wash
basin shall be provided for patrons in each massage establishment, which
wash basin shall provide soap or detergent and hot and cold running water at
all times and shall be located within close proximity to the area devoted to the
performing of massage services. A permanently installed soap dispenser, filled
with soap, and a single service towel dispenser shall be provided at the wash
basin. Bar soap shall not be in the washroom. A trash receptacle shall be
provided in each toilet room.
2.
3.
4.
5.
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6. Maintenance. All facilities of the massage establishment must be in good
repair and shall be thoroughly cleaned and sanitized each day the business is
in operation. All walls, floors, and ceilings of each restroom shall be made
smooth and easily cleanable. No carpeting shall be installed in restrooms.
Massaae Table. A massage table shall be provided in each massage room
and the massage shall be performed on the massage table. The tables shall
have a minimum height of eighteen (18) inches. Two (2) inch thick foam pad
with a maximum width of four (4) feet and must be covered with durable,
washable plastic or other waterproof material. Beds, floor mattresses, and
waterbeds shall not be on the premises.
Linen Storage. Closed cabinets shall be provided and utilized for storage of
clean linens and towels. Receptacles shall be provided for the deposit of soiled
linens and towels.
7.
8.
B. Operations.
1. Eauipment. Each operator and/or duty manager shall provide and maintain on
the premises adequate equipment for disinfecting and sterilizing instruments
used in massage.
Inspections. The operator andor duty manager consents to the inspection of
the massage establishment by the City’s Community Development Department,
Fire Department, and Police Department and the County Health Department for
the purpose of determining that the provisions of this Chapter or other
applicable laws or regulations are met.
a.
2.
The City’s Community Development Department, Fire Department, and
Police Department and the County Health Department may, from time
to time, make an inspection of each massage establishment for the
purpose of determining that the provisions of this Chapter, State law, or
other applicable laws or regulations are met. The Police Department
may inspect the occupied massage rooms for the purpose of
determining that the provisions of this Chapter are met upon occurrence
of any of the conditions described in Section 5.32.050(8)(18), which
would require the posting of the Notice To All Patrons as described therein, During an inspection, the Police Department may verify the
identity of all on-duty employees.
Inspections of the massage establishment shall be conducted during
business hours unless it appears that the massage establishment is
operating after the posted hours of operation.
All areas located within or attached to the massage establishment are
subject to inspection. Searchable areas include but are not limited to
massage rooms, bath andor restrooms, closets, offices, cabinets,
drawers, kitchens, basements, garages, and lobby areas.
Any massage establishment that offers services other than massages,
such as, but not limited to a tanning studio, acupressure, mud baths, or
nail salon is subject to inspection if these services share the same
building and are accessible from the massage establishment.
b.
c.
d.
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e. A person who operates a massage establishment or his or her agent,
servant, or employee shall permit a lawful inspection of the premises by
a representative of the Police Department at anytime it is occupied or
open for business.
3. Towels and Linens. Towels and linens shall not be used on more than one (1)
patron until they have been laundered and disinfected. Disposable towels and
coverings shall not be used on more than one (1) patron.
Livina Prohibited. No person or persons shall be allowed to live inside the
massage establishment at any time. All living quarters shall be separate from
the massage establishment. No food of any kind shall be prepared for sale or
sold in the establishment unless an appropriate food-vending permit has been
issued.
4.
5. Alcoholic Beveraaes/Druos. Massage establishment personnel shall not sell,
serve, or furnish alcoholic beverages in the massage establishment unless the
massage establishment has a valid license issued by the State of California,
Alcoholic Beverage Control (ABC). Alcoholic beverages shall not be
consumed, and massage establishment personnel must not allow a person to
consume an alcoholic beverage in a massage establishment unless the
establishment has complied with all applicable ABC requirements and the
person consumes the alcoholic beverage in designated areas away from any
rooms where massage services are performed. Controlled substances must
not be consumed in a massage establishment unless the person has a
prescription for the controlled substance.
Recordinos. No electrical, mechanical, or artificial device shall be used by the
operator or any employee of the massage establishment for audio andlor video
recording or for monitoring the performance of a massage, or the conversation
or other sounds in the massage rooms without the knowledge or consent of the
patron.
6.
7. Roster. The owner, operator, or on duty manager of the massage
establishment shall keep a complete and current list of the names and
residence addresses of all massage technicians and employees of the
massage establishment and the name and residence addresses of the
manager or managing employee purported to be principally in charge of the
operation of the massage establishment. This roster shall be kept on the
premises and be available for inspection by any official of the City charged with
the enforcement of this Chapter.
Coverinas. Each massage establishment shall provide to all patrons clean,
sanitary, and opaque coverings capable of covering the patrons including the
genitals, gluteal fold, anus, and female breast(s). No common use of the
coverings shall be permitted and re-use is prohibited unless the covering has
been laundered and disinfected.
Hours of ODeration. The owner must advise the City, in writing, at the time of
the application for a permit of the business hours and any changes in hours.
No person shall operate a massage establishment or administer a massage in
any massage establishment or administer a massage pursuant to an off
premises massage permit between the hours of 1O:OO p.m. and 6:OO a.m. A
massage begun any time before 1O:OO p.m. must nevertheless terminate at
8.
9.
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10.
11.
12.
13.
14.
15.
16.
17.
18.
1O:OO p.m. Except during the hours of operation, all customers, patrons and
visitors shall be excluded from the massage establishment. The hours of
operation must be displayed in a conspicuous public place in the lobby within
the massage establishment and in the front window clearly visible from the
outside. It is unlawful for a massage to be conducted, or for the massage
establishment to be open, between the hours of 1O:OO p.m. and 6:OO a.m.
Advertkina. No massage establishment granted a permit under this Chapter
shall place, publish, or distribute or cause to be placed, published, or
distributed any advertising matter that depicts any portion of the human body
that would reasonably suggest to prospective customers or clients that any
service is available other than those described in this Chapter, nor shall any
massage establishment employ language in the text of such advertising that
would reasonably suggest to a prospective patron that any service is available
other than those services authorized by this Chapter. This subparagraph (10)
is regulatory only.
Insurance. The owner or operator must provide worker’s compensation
insurance to all employees pursuant to California Labor Code Sections 371 0.1
and 371 0.2. The massage establishment will be immediately closed pending
verification of worker’s compensation insurance with the California Labor
Commission. This Section does not apply to an owner or operator who does
not have employees.
Handicapped Access. All massage establishments must comply with all State
and Federal laws and regulations for handicapped customers.
Compliance. Proof of compliance with all applicable provisions of the City of
Lodi Municipal Code shall be provided upon request to any officials of the City
charged with enforcement of this Chapter.
Doors. All front, reception, hallway, massage room doors, and exterior doors
used by patrons to gain access to the establishment shall remain unlocked
during business hours. No massage may be given within any cubicle, room,
booth, or any area within a massage establishment, which is fitted with a door
capable of being locked, unless the only door is an exterior door. No door to
any room shall be obstructed by any means.
Access. No person(s) other than valid permit holders under this Chapter and
patrons shall be allowed anywhere in the massage establishment other than
the lobbylreception area during hours of operation.
Loiterina. Any persons convicted of any violations specified in Section
5.32.025(A)(5) in this Chapter or who have been denied a permit from the City
of Lodi will be forbidden to work, loiter, volunteer, or be present on the
premises of any massage establishment.
Discrimination. No massage establishment may discriminate or exclude
patrons on the basis of race, sex, religion, age, or physical disability.
Notices. The Chief of Police shall require the following notice be posted in the
event that any employee of the massage establishment or any person who has
been aided and abetted by an employee of the massage establishment has
been found, after full hearing by administrative proceeding or State Court, to
have violated any of the provisions listed in Section 5.32.025(C) or 5.32.040(C):
NOTICE TO ALL PATRONS
THE MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO
NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO
INSPECTION BY THE LODl POLICE DEPARTMENT WITHOUT
PRIOR NOTICE.
a. The notice set forth above shall be prepared and issued by the'chief of
Police. The expense incurred for the notice will be paid by the operator.
The notices shall be conspicuously posted in a location within the
massage establishment that is easily visible to any person entering the
premises and in each room. The notice shall be posted for twelve (12)
months following the violation of any of the offenses described above.
The requirement for posting the notice described in this Section is
cumulative and in addition to all other remedies, violations, and
penalties set forth in this Chapter, or in the ordinance, laws, rules, or
regulation of the City of Lodi, County of San Joaquin, and the State of
California.
b.
c.
5.32.055 Change of Business.
A. Every massage establishment operator shall report immediately to the Police
Department any and all changes of ownership or management of the massage establishment,
including, but not limited to: changes of manager or other person principally in charge;
stockholders holding more than five percent (5%) of the stock of the corporation; officer,
directors and partners in any and all changes of name, style, or designation under which the
business is to be conducted; and all changes of address or telephone numbers of the
massage establishment. A change of location of the massage establishment will be approved
by the Chief of Police provided there is compliance with all applicable regulations of the City of
Lodi.
5.32.060 Fees.
A.
fees for the administration of this Chapter.
to any required under any other chapter of this Code.
5.32.065 Exemption; Existing Permittees.
A. The provisions of this Chapter shall not apply to the following classes of individuals or
groups while engaged in performing the duties of their respective professions: Exemptions do
not apply to employees unless: 1) the conduct of the employee is regulated by state law
pertaining to physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical
therapists, and 2) the employee and employer are performing their duties in accordance with
state law.
(a)
The City Council shall establish by resolution, and from time to time may amend, the
Fees required by this Chapter shall be in addition
Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical
therapists duly licensed to practice in the State of California.
Hospitals, nursing homes, sanitariums, or other health care facilities duly
licensed by the State of California, provided that all times such physicians,
surgeons, chiropractors, osteopaths, and physical therapists are acting in
adherence with the provisions of the state law which govern this field.
(b)
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(c)
(d)
Nurses duly registered by the State of California.
Barbershops and beauty parlors, barbers, and beauticians when engaged in
the practice for which they are licensed by the State of California.
Accredited high schools and colleges and coaches and trainers employed
therein while acting within the scope of their employment.
Trainers of any amateur, semi-professional or professional athlete, or athletic
team.
(e)
(f)
8.
accordance with the provisions of this Chapter.
C. The provisions of this Chapter shall be applicable to persons engaged in the
businesses regulated by this Chapter prior to the effective date of this ordinance, and to
persons employed as massage technicians prior to the effective date of this ordinance.
Nothwithstanding any other provision of this section, such persons shall file for the permits
required by this Chapter within 180-days from the effective date of this ordinance. Failure to
do so shall make the continued operation of the businesses or the continued employment as a
massage technician a violation of this Chapter.
5.32.070
A. No Massage Technician permit issued hereunder shall be transferable to any other
person or establishment, provided however, an additional location or change of location of a
massage technician permit will be allowed upon prior written notice to the Chief of Police and
payment of the appropriate fee.
8. Permits for massage operators, managers, and technicians shall be renewed every
two (2) years provided that the permittees continue to meet the requirements set out in this
Chapter.
Commencing on the effective date of this Ordinance, all permits are to be issued in
Transfer and Duration of Permits.
C. Applications for renewing a permit required under this Chapter shall be filed with the
Chief of Police before the expiration of the existing permit. Temporary permits will not be
issued and a renewal application must be filed no later than sixty (60) days prior to the
expiration of the existing permit to prevent a lapse of said permit.
D. Renewal applications shall include at a minimum, the information required on the initial
application and such other information as may be required by the Chief of Police to update the
information contained in the original permit application. The applicant shall accompany the
application for renewal with the appropriate filing fee as set forth in Section 5.32.060 of this
Chapter.
5.32.075
A. Violation and Non-Compliance. The Chief of Police may refuse to renew a permit or
may revoke or suspend an existing permit on the grounds that the applicant or permit holder
has failed to comply with the permit conditions or other requirements of this Chapter. If a
suspended permit lapses during the suspension period, a new application must be made at
the end of the suspension period. In any case, the applicant or permit holder shall have the
right to appeal to the City Council in the time and manner set forth in this Chapter.
Suspension, Revocation, Denial, and Appeal.
17
6. Revocation and Suspension of Operator’s Permit.
1. The Chief of Police may revoke or refuse to renew an operator’s permit if he or
she makes any of the findings sufficient for denial of a permit under Section
5.32.025(A), Section 5.32.025(B), or upon any subsequent violation of any
provision of this Chapter within one (1) year following prior suspension under
subsection 2 below.
2. The Chief of Police may suspend an operator’s permit for a period of thirty (30)
days for each violation of Section 5.32.025 not listed above, Section
5.32.045(6), or Section 5.32.050.
The Chief of Police’s decision to suspend or revoke a license upon two (2) or
more violations during any twelve (12) month period as long as the elements of
such violation can be proven by a preponderance of credible evidence.
3.
C. Revocation and Suspension of Massaae Technician’s Permit.
1. The Chief of Police may revoke or refuse to renew a massage technician’s
permit if he or she makes any of the findings for denial of a permit under
Section 5.32.040(A), 5.32.040(8) 1, 2, or 6, or upon any subsequent violation of
any provision of this Chapter within one (1) year following a suspension under
subsection 2 below.
The Chief of Police may suspend a massage technician’s permit for a period of
thirty (30) days for each violation of Section 5.32.040(6) not listed above,
5.32.045(8), or 5.32.050.
The Chief of Police may suspend or revoke a massage technician’s permit
upon two (2) or more violations of this Chapter, whether it resulted in a criminal
conviction or not, during any twelve (12) month period as long as the dements
of such violation can be proven by a preponderance of credible evidence.
2.
3.
D. Notice.
1. When the Chief of Police concludes that grounds for denial, suspension,
the applicant or permit holder, either personally or by certified mail addressed
to the business or residence address of the applicant or permit holder, with a
Notice of Denial or Notice of Intent to Suspend, Revoke, or Refuse To Renew
Permit. This Notice shall state the reason(s) for the proposed action, the
effective date of the decision, the right of the applicant or permit holder to
appeal the decision as set forth below, and that the decision will be final if no
appeal is filed within the time permitted.
revocation, or refusal to renew a permit exists, the Chief of Police shall serve
E. ADDeal.
A. Any applicanVpermittee dissatisfied with the action of the Chief of Police or
designee under this Chapter, may appeal such decision by delivering to the
City Clerk not more than ten (10) days after the effective date of such decision,
a notice of appeal, along with a brief description of the reasons therefore. The
Clerk shall immediately forward such request to the City Manager for handling.
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B. The City Manager shall upon receipt of the appeal set the matter for hearing
before a hearing officer. The hearing officer shall be an attorney or recognized
mediator designated by the City Manager. The hearing shall be scheduled for
not more than thirty (30) days after receipt of the appeal unless a longer time is
requested or consented to by the appellant. The hearing shall not be
conducted under the formal Rules of Evidence, but shall be subject to such
standards of procedure and evidence as reasonable people would utilize in the
conduct of serious business.
The hearing officer shall, within fifteen (15) days of the conclusion of the
hearing, make a written finding and decision, which shall be delivered to
the City Manager and the appellant by first class mail.
The decision of the hearing officer shall be final.
C.
D.
5.32.080 Compliance with this Chapter.
It is unlawful for any person to engage in, conduct or carry on, or permit to be engaged
in, conducted or carried on, in or upon any premises in the City of Lodi, the application of
massage or the operation of a massage establishment in violation of the terms and
conditions of this Chapter.
5.32.085 Operation with Revoked Permit.
It is unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the City of Lodi, the
application of massage or the operation of a massage establishment if such person’s
permit has been revoked.
5.32.090
It is unlawful for any person to act as a massage technician in violation of the terms and
conditions of this Chapter.
5.32.095 Violation and Penalty.
A. In addition to the revocatiodsuspension provisions of Section 5.32.075,
violations of this Chapter may be enforced pursuant to the provisions of Chapter 1.08 of
the Lodi Municipal Code. Violations of the provisions of this Chapter, unless otherwise
noted, are prosecuted as misdemeanors. Those provisions of this Chapter deemed
“regulatory only” are not enforceable by criminal proceedings.
5.32.100 Unlawful Operation Declared Nuisance.
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. 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, or enjoinment thereof, in the manner provided by law. The
City Attorney shall take such other steps and shall apply to such court or co!.trts 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.
Massage Technician Compliance with this Chapter.
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SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. No Mandatorv Dutv of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except'as
otherwise imposed by law.
SECTION 4. Severabilitv. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 5. This ordinance shall be published one time in the "Lodi News-Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
take effect 30 days from and after its passage and approval.
Approved this 7Ih day of February, 2007
Attest: @+
RAND1 JOHL
City Clerk
_______________________11__1____________----_---_----_--_--
State of California
County of San Joaquin, ss.
1, Randl Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1792 was introduced at a regular meeting of the City Council of the City of Lodi held
January 3, 2007, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held February 7, 2007, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, Mounce,
and Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
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I further certify that Ordinance No. 1792 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
,----7 L RAND1 JOHL
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
City Clerk
21