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Ordinance No. 119 • ORDINANCE NO. 119 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, PROVIDING FOR THE LICENCING OF MASSAGE CLINICS AND MASSAGE TECHNICIANS WHEREAS, the City Council of the City of Chino Hills adopted certain provisions of the San Bernardino County Code shortly after incorporation; and WHEREAS, those adopted portions of the San Bernardino County Code included Chapter 11, pertaining to the licensing of massage parlors and massage technicians; and WHEREAS, Chapter 11 provided that certain massage licensing procedures were to be fulfilled by various County departments, many of which no longer exist and/or no longer undertake the activities contemplated in the massage licensing ordinance; and WHEREAS, the County of San Bernardino has updated its massage clinic and massage technician licensing ordinances since the City's incorporation in 1991; and WHEREAS, the California Government Code (section 51031 et seq.) and the California Constitution authorize the City to regulate massage establishments and technicians; and .111 WHEREAS, it is in the best interests of the health, safety, and welfare of the citizens of the City of Chino Hills to revise the outdated licensing procedures contained in Chapter 11 of the San Bernardino County Code originally adopted. Further, updating the procedures is necessary to provide clarification and direction to persons wishing to engage in massage related businesses within the City of Chino Hills; and WHEREAS, this Ordinance must take effect immediately to preserve the public peace, health and safety. The City's current massage ordinance requires testing and investigation by the County of San Bernardino and the County is no longer willing to undertake such investigation. Further, there is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians and this Ordinance will provide criteria addressing this risk. Massage clinics also present opportunities for acts of prostitution and other unlawful sexual activity to occur. Criteria for the operation of such clinics are necessary to address these opportunities. Finally, there are presently persons in the City who wish to obtain licenses to engage in massage related businesses at this time. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: Section 1. Repeal of Existing Ordinance: Chapter 11 of the San Bernardino County Municipal Code, as adopted by the City of Chino Hills in December of 1991 is hereby repealed in its entirety. 71111 Document# 29476 v3 1 • Section 2. Adoption of Massage Licensing Procedures: The following massage licensing procedures are hereby adopted by the City Council, to be codified as part of the City's general licensing procedures. To the extent that the section numbers set forth below are required to be adjusted to conform to any codification of the City's existing ordinances, such numbers may be so adjusted: "Chapter 19 MASSAGE CLINICS Sections: 41.191 Definitions. 41.192 License Requirements. 41.193 License Exemptions. 41.194 Application Form and Content. 41.195 Investigation by Police. 41.196 Investigation by Planning Division, Building and Safety Division, and Fire Department. 41.197 Facilities and Operations. 41.198 [RESERVED]. 41.199 License Fee. 41.1910 Grounds for Denial of License. 41.1911 License Denial. • 41.1912 Licenses Non-Transferable. 41.1913 Display of License. 41.1914 Notice of Massage Technicians Employed by Licensee. 41.1915 Duration and Renewal of License. 41.1916 Hours of Operation and Other Restrictions. 41.1917 Prohibited Conduct. 41.1918 Inspection and Enforcement 41.1919 Abatement. 41.1920 Revocation of License. 41.1921 Civil Penalties. 41.1922 Appeal Rights. 41.1923 Validity. 41.191 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense includes the future tense,plural words, include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meanings. The word"shall" as used herein is mandatory and not merely directory. • (a) "City" shall mean the City of Chino Hills. Document# 29476 v3 2 III (b) "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body,with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar items commonly used in this practice. (c) "Massage Clinic"means and includes any massage clinic,parlor, or any room, place or institution where massage is given or administered by a massage technician as the primary service of the business establishment. (d) "Massage Technician"means and includes any person who gives,performs or administers to another person a massage as defined in this section. (e) "Notice Address" shall be the address designated by the licensee for the mailing of all notices, legal mail, and other written communications from the City to the licensee. (f) "Person"means and includes person(s), firms, corporations, partnerships, associations or other forms of business organization or group. (g) "Police Department" shall refer to the City of Chino Hills Police Department. II (h) "Recognized School"means any school or institution of learning which teaches the theory, ethics,practice, profession, and work of massage, which school or institution has been approved pursuant to California Education Code section 94300 et seq., and applicable regulations. A school offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. (i) "Specified Anatomical Areas" shall include any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola. (j) "Specified Sexual Activities" shall include all the following: (1) The fondling or other erotic touching of specified anatomical areas; (2) Sex acts, normal or perverted, including intercourse, oral copulation, or sodomy; (3) Masturbation; or (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through(3), above. (k) "Customer" shall include all clients, customers, patrons, guests, and any other • person who receives a massage from a Massage Technician. Document# 29476 v3 3 • 41.192 License Requirements. It shall be unlawful for any person to practice, engage in or carry on the business or activities of a massage clinic within the City of Chino Hills without having a license under this chapter to do so, and complying with all regulations and requirements as hereinafter contained and set forth. It shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage clinic to employ or permit a person to act as a massage technician, as defined in this chapter, within the City of Chino Hills, who is not in possession of a valid, =revoked massage technician license issued by the City of Chino Hills. A license to perform services as a massage technician does not authorize the operation of a massage clinic. Nor does possession of a massage clinic license issued under this chapter entitle the holder to personally perform activities requiring a massage technician's license, unless such person additionally holds a massage technician license. 41.193 License Exemptions. This chapter shall not apply to the following classes of individuals, and no massage clinic license shall be required of such persons, while engaged in the performance of the duties of their respective professions: (a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California. • (b) Nurses who are registered as such under the laws of the State of California. v (c) Barbers,beauticians and cosmetologists, with respect to scalp massage, who are duly licensed under the laws of the State of California, in accordance with the limitations of their licenses. (d) Acupuncturists who are duly certified to practice their profession in the State of California. 41.194 Application Form and Content. (a) Required Information. Any person desiring to obtain a license to operate a massage clinic or renew an existing massage clinic license shall make a written application to the Planning Division of the Chino Hills Community Development Department on a written form to be provided by the Department. Said application shall include, but not necessarily be limited to the following items: (1) Name. The applicant's full name and any aliases heretofore used or currently used and current business address and mailing address and the names and residence addresses of all officers, directors, and each stockholder holding more than ten percent (10%) of the stock, if a corporation, or partners, if a partnership. • Document# 29476 v3 4 . (2) Addresses. All proposed, current and previous businesses, and where applicable, the residential addresses of the applicant or applicant's principal officers, directors, and stockholders holding more than ten percent (10%) of stock, if a corporation, or partners, if a partnership, for the five (5)years immediately preceding submission of the application. (3) Physical Description. Height, weight, color of eyes and hair of applicant or each of the applicant's officers, directors, and each stockholder holding more than ten percent (10%) of stock, if a corporation, or partners, if a partnership, together with at least two (2) current color photographs at least two inches by two inches (2"x2") in size for each individual. (4) Proof of Age. A certified birth certificate, immigration papers, passport, or current California Driver's License evidence the fact the applicant is no less than eighteen (18) years of age. (5) Business Information. The business, occupation, or employment of the applicant or the applicant's officers, directors, and each stockholder holding more than ten percent (10%) of the stock, or partners, if a partnership, for the three (3) years immediately preceding the date of the application. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation and a copy of the Articles of Incorporation attached to the application. (6) Location for Licensed Activities. Each location where the licensed • activities will be conducted and the names and addresses of all massage technicians employed at those locations. (7) Prior Licenses. A statement of any business license history relating to massage or any procedure described in Section 41.191(b) of the applicant and of applicant's partners, if a partnership, or each of the officers, directors, or persons who hold more than ten percent (10%) of the stock, if a corporation, including a statement of whether such person, in previous operations, has had such license revoked or suspended, the reason therefore, and a statement setting forth all massage business history or occupation subsequent to such suspension or revocation. (8) Criminal Convictions. A statement of whether the applicant, and any partners, if a partnership, or officers, directors, or persons holding more than ten percent (10%) of the stock, if a corporation, have been convicted of an offense involving conduct which requires registration under the California Penal Code section 290, or conduct which is in violation of the provisions of California Penal Code sections 2661, 315, 316, 318 or 647(b), or any felony involving the sale of a controlled substance specified in Sections 11054 through 11058 of the California Health and Safety Code, or has been convicted in another state of an offense, which, if committed or attempted in this state would have been punishable as one or more of the offenses enumerated in this section, or was convicted of one or more other offenses as may be described under Government Code section 51032. (9) Notice Address. The address to which all notices and communications • from the City to the applicant or licensee shall be directed. It shall be the responsibility of the Document# 29476 v3 5 • applicant or licensee to immediately inform the City Community Development Director, in writing, of any changes of the applicant or licensee's notice address. (b) Each application for massage clinic license shall be accompanied by a nonrefundable investigation fee as set by resolution of the City Council from time to time, in addition to any fingerprinting charges collected by the Chino Hills Community Development Director, or his designee, in connection with processing of the license application. (c) Incomplete Applications. The Community Development Director, or his designee, shall promptly reject any incomplete application which does not meet all requirements of this section, and upon request of the applicant, shall notify the applicant in writing, by first- class mail, postage prepaid, to the address supplied to the Community Development Director, or his designee, by the applicant, of the deficiencies in the application. (d) Filing for Renewal. No application for renewal of the license shall be accepted earlier than ninety(90) days prior to expiration of the license. 41.195 Investigation by Police. (a) The Chino Hills Police Department shall conduct a criminal background investigation to be done for each person listed on the license application form pursuant to section 41.194(a)(8) of this Chapter to determine whether such persons have a criminal record. The ID Chino Hills Police Department shall review the information submitted to the Planning Division and may request additional information of the applicant as necessary to complete the investigation. (b) Report on Investigation Results. The Police Department shall promptly report to the Community Development Director, or his designee, the results of the criminal background check. 41.196 Investigation by Planning Division, Building and Safety Division, and Fire Department. (a) Prior to the issuance of any license under this Chapter, and following approval by the Police Department, the Community Development Director, or his designee, shall submit the massage clinic application for review by the Planning Division, the Building and Safety Division, and the Fire Department, to determine whether the premises proposed to be used for the massage clinic comply with applicable laws, including this chapter, appropriate Development Code, Building Code, Fire Code and City General Plan requirements. These divisions and departments shall promptly conduct their investigation and shall thereafter promptly render their reports to the Community Development Director, or his designee. (b) The Community Development Director, or his designee, shall also require that each person listed on the license application pursuant to section 41.194(a)(8) be fingerprinted for • purposes of determining whether such persons have a criminal record. Document# 29476 v3 6 • 41.197 Facilities and Operations. (a) Operating Requirements. No license to operate a massage clinic shall be issued nor may any massage clinic operate unless the massage clinic premises and operation comply with each of the following minimum requirements: (1) Signage. A readable sign shall be posted at the main entrance identifying the establishment as a massage clinic,provided, however, that all such signs shall otherwise comply with the sign requirements of the City's Development Code. (2) Lighting. Minimum lighting shall be provided in accordance with the Uniform Building Code. In addition, at least one (1) unobstructed artificial light, white in color, of not less than sixty(60) watts shall be provided and used at all times in each enclosed room or booth while massage services are being rendered. (3) Ventilation. Minimum ventilation shall be provided in accordance with the Uniform Building Code. (4) Disinfection of Instruments. Instruments used for massage shall be disinfected prior to each use. Where such instruments for massage are employed, adequate quantities of supplies for disinfection shall be available during all hours of operation. • (5) Water. Hot and cold running water shall be provided. (6) Linen Storage. Closed cabinets shall be utilized for the storage of clean towels and linen. After use, towels and linen shall be removed from the room or booth and stored in a clean container until laundered. (7) Dressing and Toilet Facilities. Dressing and toilet facilities shall be provided for patrons. (8) Sanitary Conditions. All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the massage clinic shall be kept in good repair, maintained in a clean and sanitary condition. (9) Clean Linen. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted. (10) Technician's Dress Code. Licensees under this chapter shall insure that all persons employed to work on the massage clinic premises, and including all massage technicians conducting licensed activities on the massage clinic premises, shall be dressed in clothing made of an opaque material, and at a minimum, shall not expose any specified anatomical areas, and shall comply with the following requirements, as applicable: III Document# 29476 v3 7 • (A) Upper Garments. All garments covering the upper torso (e.g., shirts or dresses) shall have sleeves not less than two inches (2") in length, measuring from the top of the shoulder, and necklines not lower than two inches (2")below the clavicle. (B) Skirts. Hems of dresses, skirts, smocks, or other similar garments shall not be more than two inches (2") above the top of the knee. (C) Shorts. Cuffs or hems of shorts, culottes, pants or other similar garments shall not be more than six inches (6") above the top of the knee. (11) Compliance with Laws. The premises to be used shall at all times comply with applicable laws. 41.198 [RESERVED] 41.199 License Fee. Every person practicing, engaging in or carrying on the activities or business of a massage clinic shall procure a license and pay an annual license fee as set by resolution of the City Council from time to time. 41.1910 Grounds for Denial of License. • A massage clinic license shall be denied upon the determination of any one of the following: (a) Criminal Convictions. The applicant, owners, operators, partners if a partnership, or officers, directors, or persons holding more than ten percent (10%) of the stock, if a corporation, or any of them, has within ten (10) years immediately preceding the date of the application been convicted of any of the offenses set forth in Section 41.194(a)(g), or have, within the same time frame been convicted of any offense in another state which, if committed or attempted in this State, would have been punishable as one or more offenses enumerated under this section, or is required to register under Section 290 of the Penal Code. (b) Revocation of Prior Licenses. The applicant, owners, operators, partners if a partnership, or officers, directors, or persons holding more than ten percent(10%) of the stock, if a corporation, or any of them, has had a massage clinic license or massage technician license revoked or suspended for cause within the five (5) year period immediately preceding the date of the application. (c) Misstated Facts. The applicant has knowingly misstated facts or falsified information on the application. (d) Failure to Comply with Application Requirements. The applicant has failed to • comply with the requirements of Sections 41.194 and 41.197. Document# 29476 v3 8 III (e) Prior Unlicensed Business. The applicant has conducted a business requiring a massage clinic or massage technician license within the City without such a license having been issued by the City within the five(5) years immediately preceding the application. (f) Prohibited Conduct. An applicant has been found to have engaged in prohibited conduct in violation of Subsections 41.1917(a) and/or 41.2014(a). 41.1911 License Denial. Any person denied a license pursuant to this chapter may not operate a massage clinic. An applicant whose license has been denied may appeal the denial to the City Manager, or his designee, as set forth in Section 41.1922 of this chapter. 41.1912 Licenses Non-Transferable. All licenses issued under this chapter are non-transferable both as to location, and as to the person holding the license. 41.1913 Display of License. Any person to whom a massage clinic license is granted shall display said license prominently in a conspicuous place, capable of being viewed by customers, at every location • where the licensed activities are performed or conducted. 41.1914 Notice of Massage Technicians Employed by Licensee. (a) No Unlicensed Massage Technicians. Licensees under this chapter shall not permit anyone not holding a valid massage technician's license issued by the City to perform massage in a massage clinic licensed by the City. (b) Notices to the City. Each licensee under this chapter shall notify the Community Development Director, or his designee, in writing, within five (5) days of the hiring and/or commencement of services, whichever is first, of the name, license number, date of hiring, and location of each massage clinic where employed, of each massage technician whose services are utilized by the licensee. Licensee shall also notify the Community Development Director, or his designee, in writing, within five (5) days of the termination of employment or services of the name, license number, termination date, and location of each massage clinic where employed, of each massage technician whose services and/or employment has terminated. 41.1915 Duration and Renewal of License. (a) Term. Each license issued under this chapter shall terminate at the expiration of one (1) year from the date of its issuance unless revoked prior to said termination pursuant to Section 41.1920. III Document 14 29476 v3 9 • (b) Renewal. Any renewal of a license prior to its expiration shall require payment of the annual license fee as well as an inspection by the Building and Safety Division to ensure continued compliance with the provisions of this Chapter and applicable laws and regulations. The Community Development Director, or his designee, may draft license renewal application forms that require less information than required for the initial license application. 41.1916 Hours of Operation and Other Restrictions. No massage clinic shall be open or conduct business between the hours of 10:00 p.m. and 7:00 a.m. Massage clinics shall not sell food or beverages or serve food or beverages to any patrons on the premises of the massage clinic. 41.1917 Prohibited Conduct. (a) Prohibited Conduct. No massage technician and/or any other employee working in a massage clinic, or the clinic's customers, patrons, or guests shall engage in any specified sexual activities upon the premises of the massage clinic. No massage technician and/or other employee of a massage clinic may expose specified anatomical areas in the presence of any patron, customer, or guests. In the course of administering a massage, no massage technician and/or other massage clinic employee may make intentional physical contact with the specified anatomical areas of any customer, patron, or guests. Violation of this section shall not constitute a misdemeanor or an infraction, but such violation shall be grounds for revocation of a massage • clinic license. (b) Draping. No massage clinic shall allow massage technicians and/or any other employee working therein to administer any form of massage or come into any form of physical contact with a customer who is either fully or partially undressed, without first draping the customer's specified anatomical areas, if such areas would otherwise be exposed, in accordance with the accepted standards of the American Massage Therapy Association and/or Associated Professional Massage Therapists and Allied Health Practitioners. 41.1918 Inspection and Enforcement. Officers of the Police Department, or employees of the Planning Division, Building and Safety Division, and the fire department shall have the right to enter any massage clinic during regular business hours as specified in Section 41.1916 above, to make reasonable inspection to ascertain whether the provisions of this chapter are being met, provided reasonable and normal business operations shall not be interfered with. 41.1919 Abatement. Any massage clinic operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney may, in addition to, or in lieu of any other legal or criminal proceedings, 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 Document# 29476 v3 10 III apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage clinic and restrain and enjoin any person from operating, conducting or maintaining a massage clinic contrary to the provisions of this chapter. 41.1920 Revocation of License. (a) Grounds for Revocation. A license issued under this chapter shall be revoked on one or more of the following grounds: (1) Fraud or Deceit. That the licensee practiced fraud or deceit in obtaining a license under this chapter. (2) Violation of Chapter. That the licensee or the licensee's employee violated a provision or provisions of this chapter. (3) Criminal Conviction. That the licensee of the license has been convicted in a court of competent jurisdiction of any offenses described in Section 41.194(a)(8). (4) Improperly Maintained Facilities. That the facilities and operations of the massage clinic are not kept in compliance with this chapter as set forth in Section 41.197, and that the holder has failed to promptly remedy any deficiency of which the holder has been notified. For purposes of this subsection, notice shall mean notice given personally or by leaving notice at the licensed premises, or by first class mail, postage prepaid, to the notice address • designated by the licensee pursuant to Section 41.194(a)(9). (5) Employment of Unlicensed Technicians. That the holder has employed, allowed or permitted an unlicensed person to perform massage in the holder's massage clinic. (6) Error. That the license was issued in error. (7) Civil Penalties. Assessment of three(3) or more civil penalties as provided by Section 41.1921 during any six (6) month period. (8) Prohibited Conduct. A licensee or its employee or agent has been found to have engaged in prohibited conduct in violation of Section 41.1917(a). (b) Notice of Revocation. Upon determination of grounds to revoke a license, the Community Development Director, or his designee, shall cause a"Notice of Revocation"to be mailed by first class, postage prepaid mail, to the notice address designated by the licensee pursuant to Section 41.194(a)(9). 41.1921 Civil Penalties. For each violation of the provisions of this chapter, excepting violation of Section 41.1917 pertaining to prohibited conduct, a monetary civil penalty of Five Hundred Dollars • ($500.00)per violation may be assessed in lieu of license revocation. Document# 29476 v3 11 • 41.1922 Appeal Rights. Any person denied a license under this chapter or a licensee whose license has been revoked may appeal in writing to the City Manager, or his designee. Said appeal must be in writing and must be filed with the City Clerk not more than fifteen (15) days following the Community Development Director's deposit into the mails of the Notice of Denial or Revocation addressed to the licensee at the address identified by the applicant or licensee as the address to which all notices are to be mailed. All decisions of the City Manager shall be final as to any appeal presented to them. 41.1923 Validity. If any section or subsection, clause, or phrase of this chapter 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 portion of this chapter. • S Document# 29476 v3 12 • Chapter 20 MASSAGE TECHNICIANS Sections: 41.201 Definitions. 41.202 License Requirements. 41.203 License Exemptions. 41.204 Application Form and Content. 41.205 Investigation. 41.206 [BLANK]. 41.207 [BLANK]. 41.208 License Fee. 41.209 Grounds for Denial of License. 41.210 License Denial. 41.211 Licenses Non-Transferable. 41.212 Display of License. 41.213 Duration and Renewal of License. 41.214 Prohibited Conduct. 41.215 Revocation of License. 41.216 Validity. 41.217 Civil Penalties. II 41.218 Appeal Rights. 41.201 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense includes the future tense, plural words include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meanings. The word "shall" as used herein is mandatory and not merely directory. (a) "City" shall mean the City of Chino Hills. (b) "Massage"means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. (c) "Massage Clinic"means and includes any massage clinic, parlor, or any room, place, or institution wherein massage is given or administered by a massage technician as the primary service of the business establishment. III Document# 29476 v3 13 • (d) "Massage Technician"means and includes any person who gives, performs or administers to another person a massage as defined in this section. (e) "Notice Address" shall be the address designated by the licensee for the mailing of all notices, legal mail, and other written communications from the City to the licensee. (f) "Person"means and includes person(s), firms, corporations,partnerships, associations or other forms of business organization or group. (g) "Police Department" shall refer to the Chino Hills Police Department. (h) "Recognized School"means any school or institution of learning which teaches the theory, ethics, practice, profession, and work of massage, which school or institution has been approved pursuant to California Education Code section 94300 et seq., and applicable regulations. A school offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. (i) "Specified Anatomical Areas" shall include any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola. (j) "Specified Sexual Activities" shall include all the following: • (1) The fondling or other erotic touching of specified anatomical areas; (2) Sex acts, normal or perverted, including intercourse, oral copulation, or sodomy; (3) Masturbation; or (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3), above. (k) "Customer" shall include all clients, customers, patrons, guests, and any other person who receives a massage from a licensed massage technician. 41.202 License Requirements. It shall be unlawful for any person to practice, engage in, or carry on the business or activities of a massage technician within the City of Chino Hills without having a license under this chapter to do so, or without being employed and working at a massage clinic holding a valid license issued pursuant to Chapter 19 of the Chino Hills Municipal Code (commencing at Section 41.191), or without complying with all regulations and requirements as hereinafter contained and set forth. A license to perform services as a massage technician does not authorize the operation of a massage clinic. • Document# 29476 v3 14 II41.203 License Exemptions. This chapter shall not apply to the following classes of individuals, and no massage technician license shall be required of such persons, while engaged in the performance of the duties of their respective professions: (a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California, and persons working at the place of business and under the supervision of a licenses physician, surgeon, chiropractor, osteopath, or physical therapist. (b) Nurses who are registered as such under the laws of the State of California. (c) Barbers,beauticians and cosmetologists who are duly licensed under the laws of the State of California, in accordance with the limitations of their licenses. (d) Acupuncturists who are duly certified to practice their profession in the State of California. 41.204 Application Form and Content. (a) Required Information. Any person desiring to obtain a massage technician license or renew an existing massage technician license shall make a written application to the III Community Development Director, or his designee, on a written form to be provided by the Community Development Director, or his designee, who shall promptly refer all complete applications to the Police Department for investigation. Said application shall include, but not necessarily be limited to the following items: (1) Name. The applicant's full name and any aliases heretofore used or currently used and current mailing address and residence address. (2) Addresses. All previous residential addresses of the applicant within the five (5) years immediately preceding submission of the application. (3) Physical Description. Height, weight, color of eyes and hair of applicant and four(4) current color photographs at least two inches by two inches (2"x 2") in size. (4) Proof of Age. A certified birth certificate, immigration papers, passport, or current California Driver's License evidencing the fact that applicant is no less than eighteen (18) years of age. (5) Prior Licenses. A statement of licensee's prior experience in performing massage or any procedure described in Section 41.201(e), including a statement of whether such person has had an application for a massage technician or massage clinic license denied, or has had a massage technician or massage clinic license, and whether any such license has been Ill Document# 29476 v3 15 • revoked or suspended, the reason therefore, and a statement setting forth all massage business history or occupation. (6) Criminal Convictions. A statement of whether the applicant has been convicted of an offense involving conduct which requires registration under the California Penal Code Section 290, or conduct which is in violation of the provisions of California Penal Code Sections 266i, 315, 316, 318 or 647(b), or any felony involving the sale of a controlled substance specified in Sections 11054 through 11058 of the California Health and Safety Code, or has been convicted in another state of an offense, which, if committed or attempted in this state would have been punishable as one or more of the offenses enumerated in this section, or was convicted of one or more other offenses as may be described under Government Code Section 51032. (7) Diploma. A diploma or certificate of graduation from a Recognized School, together with a certified transcript or record establishing that the applicant attended a resident course of study of no less than three hundred (300) hours in theory, ethics,practice and profession and work of massage, and setting forth the beginning and ending date of applicant's course of study. In lieu of the above, the applicant may submit a certificate from a Recognized School in the State of California stating the applicant has completed a resident course of study in massage in another state and has passed the examination required of a graduate from the recognized school in the State of California. (8) Notice Address. The address to which all notices and communications from the City to the applicant or licensee shall be directed. It shall be the responsibility of the IIIapplicant or licensee to immediately inform the Community Development Director, or his designee, in writing, of any changes of the applicant's or licensee's notice address. (9) A written and signed statement from a physician licensed to practice medicine in the State of California and dated within 30 days of the date of the application, certifying that the application is free from communicable diseases. (b) Application Fee. Each application for massage technician license shall be accompanied by nonrefundable investigative fee as set by resolution of the City Council from time to time. (c) Incomplete Applications. The Community Development Director, or his designee, shall promptly reject any incomplete application which does not meet all requirements of this section, and upon request of the applicant, shall notify the applicant in writing, by first- class mail,postage prepaid, to the address supplied to the Community Development Director by the applicant, of the deficiencies in the application. (d) Filing for Renewal. No application for renewal of the license shall be accepted earlier than ninety(90) days prior to expiration of the license. 41.205 Investigation • Document# 29476 v3 16 • (a) The Police Department shall conduct a reasonable investigation of the matters set forth in the application. The Police Department shall review the information submitted to the Community Development Director, or his designee, and shall review any other documents or materials which are requested by the Police Department in the course of investigation and which reasonably relate to the licensing requirements of this chapter. (b) The Police Department shall promptly report to the Community Development Director, or his designee, whether the application and the other documents and materials submitted by the applicant meet all requirements of this chapter and all other applicable laws. (c) The Community Development Director, or his designee, shall require that the applicant be fingerprinted to determine whether the applicant has a criminal record and the applicant shall pay the applicable fingerprinting fee in effect. 41.206 [BLANK] 41.207 [BLANK] 41.208 License Fee. Every person practicing, engaging in or carrying on the activities or business of a massage technician shall procure a license and pay an annual license fee as set by resolution of the City Council from time to time. • 41.209 Grounds for Denial of License. A massage technician license shall be denied upon the determination of any one of the following: (a) Prior Criminal Convictions. The applicant has within ten (10) years immediately preceding the date of the application been convicted of any of the offenses set forth in Section 41.204(a) or has, within the same time frame been convicted of any offense in another state which, if committed or attempted in this State, would have been punishable as one or more offenses enumerated under this section, or is required to register under Section 290 of the Penal Code. (b) Revocation of Prior Licenses. The applicant has had a massage clinic license or massage technician license revoked for cause within the five (5) year period immediately preceding the date of the application. (c) Misstated Facts. The applicant has knowingly misstated facts or falsified information on the application. (d) Inadequate Application. The application has failed to comply with the • requirements of Section 41.204. Document# 29476 v3 17 • (e) Operating Without a License. The applicant has conducted, within the five (5) years immediately preceding the application, a business requiring a massage clinic or massage technician license in the City without such a license having been issued by the City. (f) Prohibited Conduct. An applicant has been found to have engaged in prohibited conduct in violation of sections 41.1917(a) and/or 41.2014(a). 41.2010 License Denial. I Any person denied a license pursuant to this chapter may not perform the acts requiring a license under this chapter. An applicant whose license has been denied may appeal the denial to the City Manager, or his designee, as set forth in Section 41.2018 of this chapter. 41.2011 Licenses Non-Transferable. All licenses issued under this chapter are non-transferable. 41.2012 Display of License. Any person to whom a massage technician license is granted shall display said license prominently in a conspicuous place, capable of being viewed by customers, at every location where the licensed activities are performed or conducted. 110 41.2013 Duration and Renewal of License. (a) Term. Each license issued under this chapter shall terminate at the expiration of one(1) year from the date of its issuance unless revoked prior to said termination pursuant to Section 41.2015. (b) Any renewal of a license issued under this chapter shall be pursuant to the same requirements,procedures, provisions and regulations set forth in Sections 41.204, 41.205, 41.206, and 41.207 (if applicable) of this chapter, unless such renewal is sought prior to the expiration of the license, in which case only a physician's statement required by section 41.204(a)(9) and payment of the annual license fee shall be required. 41.2014 Prohibited Conduct. (a) Prohibited Conduct. No massage technician or that technician's customers, patrons or guests may engage in any specified sexual activity upon the premises of the massage clinic. No massage technician may expose specified anatomical areas in the presence of any patron, customer or guest. In the course of administering a massage, no massage technician may make intentional physical contact with specified anatomical areas of any customer,patron, or guest. Violation of this section shall not constitute a misdemeanor or infraction, but such violation shall be grounds for revocation of a massage technician license. • Document# 29476 v3 18 0 (b) Draping. No massage technician may administer any form of massage or come into any form of physical contact with a customer who is either fully or partially undressed without first draping the customer's specified anatomical areas, if such areas would otherwise be exposed, in accordance with the accepted standards of the American Massage Therapy Association and/or Associated Professional Massage Therapists and Allied Health Practitioners. 41.2015 Revocation of License. (a) Grounds for Revocation. A license issued under this chapter shall be revoked on one or more of the following grounds: (1) Fraud or Deceit. That the licensee practiced fraud or deceit in obtaining a license under this chapter. (2) Violation of Chapter. That the licensee violated a provision or provisions of this chapter. (3) Criminal Conviction. That the licensee has been convicted in a court of competent jurisdiction of any offenses described in Section 41.204(a)(6). (4) Employment at Unlicensed Clinic. That the licensee has knowingly been employed, allowed or permitted to perform massage at an unlicensed massage clinic within the • City. (5) Error. That the license was issued in error. (6) Civil Penalties. That the Licensee has been assessed with three (3) or more civil penalties during any six (6) month period. (7) Prohibited Conduct. A licensee or its employee or agent has been found to have engaged in prohibited conduct in violation of Section 41.2014(a). (b) Notice of Revocation. Upon determination of grounds to revoke a license, the Community Development Director, or his designee, shall cause a `Notice of Revocation"to be mailed by first class, postage prepaid mail, to the Notice Address designated by the licensee pursuant to Section 41.204(a)(8). 41.2016 Validity. If any section or subsection, clause, or phrase of this chapter 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 portion of this chapter. 41.2017 Civil Penalties. i Document# 29476 v3 19 For each violation of the provisions of this chapter, excepting violation of Section • 41.2014 pertaining to prohibited conduct, a monetary civil penalty of Five Hundred Dollars ($500.00) per violation may be assessed in lieu of license revocation. 41.2018 Appeal Rights. Any person denied a license under this chapter or licensee whose license has been revoked may appeal in writing to the City Manager, or his designee. Said appeal must be in writing and must be filed with the City Clerk not more than fifteen (15) days following the Community Development Director's deposit into the mails of the Notice of Denial or Revocation addressed to the licensee at the address identified by the applicant or licensee as the address to which all notices are to be mailed. All decisions of the City Manager shall be final as to any appeal presented to them." Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence,paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. EFFECTIVE DATE. This Ordinance is an urgency Ordinance within the • meaning of Government Code section 36937 and shall go into effect immediately upon its adoption by a 4/5 vote of the City Council. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this 27 thday of July , 1999. 4C Gary . Larson, Mayor ATTEST: aztl, Linda D. Ruth, City Cle APPROVED AS TO FORM: Pe- Mark • ensley, City Atto. ey Document# 29476 v3 20 • STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that foregoing Ordinance No. 119 was duly introduced, passed and adopted as an urgency ordinance at a regular meeting of the City Council held on the 27th day of July, 1999, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: LARSON, WICKMAN, GRAHAM, NORTON-PERRY AND THALMAN NOES: COUNCIL MEMBERS: NONE III ABSENT: COUNCIL MEMBERS: NONE LINDA . RUTH, CITY CL RK (SEAL) The foregoing is the original of Ordinance No. 119 duly passed and adopted by the Chino Hills City Council at their regular meeting held July 27, 1999. LINDA D. RUTH, CITY C ERK • v ^ (SEAL)