HomeMy WebLinkAbout75A - PH - MASSAGE ESTABLISHMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 21, 2016
TITLE:
PUBLIC HEARING — ORDINANCE
AMENDMENT NO. 2016 -01 AND ZONING
ORDINANCE AMENDMENT NO. 2016 -01 TO
AMEND CHAPTERS 22 AND 41 OF THE
SANTA ANA MUNICIPAL CODE TO COMPLY
WITH NEW STATE LEGISLATION FOR
MASSAGE ESTABLISHMENTS CITYWIDE
{STRATEGIC PLAN NO. 3, 2}
CITY MA ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
097001970
❑ As Recommended
❑ As Amended
❑ Ordinance on 161 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance approving Ordinance Amendment No. 2016 -01.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -01.
PLANNING COMMISSION ACTION
At its regular meeting on May 23, 2016, a vote of 6:0 (Bacerra absent), the Planning Commission
recommended that the City Council adopt an ordinance approving Ordinance Amendment No.
2016 -01 to revise Santa Ana Municipal Code (SAMC) Chapter 22 — Massage Establishments and
adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -01 to revise SAMC
Chapter 41, Article XVILI (Massage). The Planning Commission made no changes to the
modifications outlined in the attached staff report (Exhibit A).
DISCUSSION
The requested action will amend Sections 21 -1 through 22 -17 [Chapter 221 and 41 -1750 through
41 -1799 [Chapter 41, Article XVILI (Massage)] citywide to comply with new State legislation
pertaining to massage establishments. Massage establishments currently require either a
conditional use permit (CUP) or land use certificate (LUC) and a massage operator permit issued
through the Santa Ana Police Department to operate within the city. The requested amendments
will replace CUP and LUC requirements with a ministerial permit process and enforceable
operating standards. If adopted, massage establishments will be required to obtain an annual
massage establishment permit through the Chief of Police, a Certificate of Occupancy, and meet
operating and development standards to operate within the city.
75A -1
Ordinance Amendment No. 2016 -01 & Zoning Ordinance Amendment No. 2016 -01 — Message
Ordinance
June 21, 2016
Page 2
SISAI9919 PLAN ALIQNMINT
Approval of this item supports the City's efforts to meat Goal #3 - Economic Development,
Objectives #2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
PI C
There is no fiscal impact associated with this action.
Hassan Ha hani MCP
Executive Director
Planning & Building Agency
RS;rb
R&;0portSMA rzal a.I V o a 2M-taa
Exhibit; A. Planning Commission Staff Report
B, Ordinance
75A -2
REQUEST FOR
MAY 23, 2016
TITLE:
PUBLIC HEARING — ORDINANCE AMENDMENT
NO. 2016 -01 AND ZONING ORDINANCE AMENDMENT
NO. 2016 -01 TO AMEND CHAPTERS 22 AND 41 OF
THE SANTA ANA MUNICIPAL CODE TO COMPLY
WITH NEW STATE LEGISLATION FOR MASSAGE
ESTABLISHMENTS CITYWIDE (STRATEGIC PLAN
NO. 3, 2)
Prepared by Ricardo Soto
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Nearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Vx24Ke Director u Planning anger
RECOMMENDED ACTION
Recommend that the City Council:
Adopt an ordinance approving Ordinance Amendment No. 2016 -01 to revise Santa Ana
Municipal Code (SAMC) Chapter 22 — Massage Establishments.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -01 to revise SAMC
Chapter 4.1, Article XVII.I (Massage).
Request of the Applicant
The City of Santa Ana is requesting amendments to Chapter 22 and Chapter 41 of the Santa Ana
Municipal Code (SAMC) to be in compliance with new State of California legislation related to the
regulation of massage establishments citywide,
Proiect Description
The requested action will amend Sections 21 -1 through 22 -17 [Chapter 22] and 41 -1750 through 41-
1799 [Chapter 41, Article XVILI (Massage)] citywide. Massage establishments currently require
either a conditional use permit (CUP) or land use certificate (LUC) and a massage operator permit
issued through the Santa Ana Police Department to operate within the city. The requested
amendments will replace CUP and LUC requirements with a ministerial permit process and
enforceable operating standards. The requested amendments will update the Code to be in
compliance with new State legislation pertaining to massage establishments.
EXHIBIT A
75A -3
Ordinance Amendment No. 2016 -01
Zoning Ordinance Amendment No. 2016 -01
May 23, 2016
Page 2
:. . M
On March 16, 2009, the City adopted Ordinance Amendment No. 2008 -02 and Zoning Ordinance
Amendment No. 2008 -01 to amend Chapter 22 and Chapter 41 of the Municipal Code to regulate
massage establishments and massage technicians in response to concerns relating to the impacts of
massage establishments and the potential establishment of new locations in the city. Past
amendments to Chapter 41 included requirements for a CUP for massage establishments, a LUC for
ancillary massage uses, implemented separation criteria similar to adult entertainment uses, and
created operational standards specific to the massage use. The amendment to Chapter 22 included
requiring establishment operators to undergo a background check, obtain an annual establishment
permit, and required technicians to obtain a permit (Exhibits 1 and 2).
Subsequently, in September of 2009, California Senate Bill No. 731 (SB 731) became effective, which
restricted local governments' ability to regulate massage establishments and massage technicians.
The passage of SB 731 exempted massage technicians that possessed a massage technician
certificate issued by the California Massage Therapy Council ( CAMTC), a nonprofit public benefit
corporation, from regulations and permit requirements that were previously adopted by the City. The
new law required that massage establishments and other professional service uses be regulated in a
uniform manner, prohibiting local governments from requiring restrooms, showers, or other facilities
not required of other professional services. The changes to State law preempted City regulations and
made several provisions of the Code inconsistent with State law. Since that time, the City has been
unable to enforce the existing massage ordinance, and establishments and technicians have been
able to operate within the city without obtaining a CUP, LUC, or massage establishment permit.
On January 1, 2015, California Assembly Bill No. 1147 (AS 1147) became effective, amending
several sections of the Business and Professions Code and of the Government Code relating to
massage establishments. By adopting AS 1147, the State Legislature returned broad control over
land use in regulating massage establishments to local governments, provided only reasonable and
necessary fees and regulations were enacted. It also established a new CAMTC board of directors
so that it more fairly represents stakeholders; including adding representatives from the California
Police Chiefs Association, an anti - human trafficking organization, and a public health official.
Following the adoption of AB 1147, staff began holding interagency meetings and commenced a
study of the current provisions of the Santa Ana Municipal Code to determine what changes were
needed to the Code to make it consistent with State law, and to determine the best way to regulate
and permit massage establishments.
On April 25, 2016, staff presented the proposed amendments to Chapter 22 and Chapter 41 to the
Zoning and General Plan Subcommittee, comprised of Commissioners Bacerra, McLoughlin, and Mill.
The Zoning and General Plan Subcommittee did not reach a consensus. The major issues that were
75A -4
Ordinance Amendment No. 2016 -01
Zoning Ordinance Amendment No. 2016 -01
May 23, 2016
Page 3
discussed were the entitlement process, whether a CUP should be required for massage
establishments, and whether the proposed ordinance places an undue strain on police department
resources. Staff reevaluated the proposed regulations and held an interagency meeting. It was
determined that the proposed ordinance would establish an administrative review process that limited
the burden on City resources and enabled effective enforcement of the ordinance,
Proiect Analvsls
Following a thorough analysis of the current code requirements for massage establishments and
massage technicians in the city, there are a number of code amendments and additions necessary to
ensure clear, uniform, and legally consistent regulation of massage establishments. In addition to
consistency with State law, the proposed changes and additions will enable the City to implement a
regulatory framework that both protects the health, safety, and welfare of the city and limits undue
strain on business operators while minimizing impacts on police department resources.
Massage Definition
The existing ordinance defines massage uses as either ancillary or primary based on whether a
business offers massage as a complementary service to its other services or as an independent use,
The existing ordinance establishes different development standards and permitting requirements for
primary and ancillary massage uses. The proposed changes to Chapter 22 and Chapter 41 include
creating a definition of a massage establishment that is consistent with State law and creates a
uniform standards and permitting processes for any business offering massage as a service, which
will result in certainty and equity for all applicants. The proposed changes will also include
exemptions from the massage establishment permit requirements for classes of individuals engaged
in duties or services already regulated and licensed by the State, such as physical therapists,
acupuncturist, barbers, and manicurists.
Permitting Requirements
Prior to the passage of AB 1147, massage technicians and massage establishments that obtained
certification through the CAMTC were exempt from any City regulations that did not overlap with State
requirements. As such, massage technicians and massage establishments with certification through
the CAMTC have been exempt from operating standards and have been operating within the city
without a conditional use permit or land use certificate. The proposed changes to Chapter 22 and
Chapter 41 will make the ordinance consistent with state law and will allow the City to regulate
massage technicians and establishments that are certified through the CAMTC.
75A -5
Ordinance Amendment No. 2016 -01
Zoning Ordinance Amendment No. 2016 -01
May 23, 2016
Page 4
The existing ordinance requires establishments offering massage as a primary use to obtain a CUP
and establishments offering massage as an ancillary service to obtain an L.UC. The proposed
changes to Chapter 41 will allow massage uses to be permitted by right in specified commercial
zones where service uses are permitted, if development and operating standards are met.
Permitting massage establishments by right and implementing enforceable operational standards
will meet the intent and limits set in AB 1147 that local governments provide consistent and
reasonable regulations so that they both manage establishments in the best interest of the
community and protect legitimate business owners and massage professionals. Further, permitting
massage uses by right will regulate the use in a similar manner to other service uses within the
commercial zones, such as barbers, salons, and medical offices, which have similar land use
impacts. Moreover, replacing the requirements for a CUP and LUC, which are tied to the property,
with ministerial permits, will allow the City to revoke the permit in an expeditious manner and stop the
operation of unscrupulous operators. The proposed changes will be consistent with the broad
regulating power set forth in AB1147 and comply with limits that have been established.
The proposed amendments to Chapter 22 will ensure regulations and permit requirements imposed
on massage establishments are consistent with State law and do not place an undue burden on
police department resources. Detailed regulations regarding massage establishment permits,
application requirements, and the renewal process will be included in the proposed changes to
Chapter 22 (Exhibit 1). This permit, which will be administered by the police department, will require
the applicant to submit several items of information including proof of identification, the names and
CAMTC certificates of all technicians that will be employed, and to subject themselves to a
background check, as well as other items specified in the proposed amendment to Chapter 22. The
amendments to Chapter 22 were developed with representatives from the police department and
focused on effective ways of preventing illicit activity while creating a business friendly environment
for legitimate operators. The new permitting process will also allow the police department to revoke
massage permits in cases of misconduct.
A member of the General Plan and Zoning Committee felt that the community would be better served
by allowing for public review of massage establishment applications through the CUP process. Staff
acknowledges that the proposed changes to allow ministerial permitting of massage establishments
would eliminate the ability for public input and review at a public hearing and the ability to implement
site specific conditions of approval. However, staff believes that the proposed changes would be
consistent with State law, implement enforceable regulations that will mitigate potential impacts, and
limit the strain on police department and City resources.
75A -6
Amendment No. 2016 -01
Zoning Ordinance Amendment No. 2016 -01
May 23, 2016
Page 5
Development Standards
While AB 1147 grants local governments broad land use regulating powers pertaining to massage
establishments, it also imposes limits on what agencies can impose on massage professionals. The
existing ordinance imposes separation criteria on massage establishments, much like adult
entertainment uses. Assembly Bill No. 1147 prohibits local governments from defining or otherwise
regulating massage establishments as an adult entertainment use. The proposed ordinance will treat
massage uses as a service use and remove separation criteria, but will implement development
standards that will mitigate any potential impacts on neighbors and discourage any illicit activity within
the establishment. The new ordinance will also restrict massage establishments from operating
within any zoning district except specified commercial zones and specific plans where Ordinance
service uses are permitted. Moreover, the new ordinance will prohibit residing in massage
establishments or operation from a residence (Exhibit 2).
Operating Standards
The proposed changes to Chapter 22 and Chapter 41 will require that all massage technicians have a
valid massage certificate issued by the CAMTC and photo identification card issued by the City.
These requirements will ensure that all technicians have appropriate education and training to provide
massage services and enable the police department to identify technicians that are approved to
provide services at the business. The new ordinance will also limit the hours of operation from 8:00
a.m. to 10:00 p.m., set minimum lighting standards, require the operator to obtain a permit from the
chief of police, and require other pertinent operational standards. All proposed operating standards
will be consistent with limits set forth in AB 1147 and enable effective enforcement by the police
department and code enforcement.
Public Notification
The proposed amendments are citywide and the project site is not located within the boundaries of
one single Neighborhood Association. However, a notice was published in the Orange County
Register. At the time of this printing, no correspondence, by phone, written, or electronic, had been
received from any members of the public,
CEQA Compliance
In accordance with the California Environmental Quality Act (CEQA) the recommended action is
exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. Therefore, it can be seen with certainty that there is no possibility that
the activity in question will have a significant effect on the environment.
75A -7
Ordinance Amendment No. 2016 -01
Zoning Ordinance Amendment No. 2016 -01
May 23, 2016
Page 6
Strategic Plan Alignment
Approval of this Item supports the City's efforts to meet Goal No. 3 - Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Ordinance Amendment No. 2016 -01 and Zoning Ordinance Amendment 2016 -01.
Ricardo Soto
Associate Planner
RS:jm
RS:ReporlsV..OA 2016 -1\ZOA 2016 -1.pc
Attachments:
Exhibit 1 — Proposed Amendments to Chapter 22
Exhibit 2 — Proposed Amendments to Chapter 41
75A -8
Chapter 22
MASSAGE ESTABLISHMENTS
Sec, 22 -1. - 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:
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()— Massage tech �y person vuha #or ara� ioraa of sensideraiiea whatsoever -gives er
admix' etAe�per�rt�w�sae�e asdefiaed -er- baths as- tt�e- priacipat #unc#ion,
{€} — E�r+pieyee +asl odes even ewner parts° operator, manager, S pewaser and worker- whether-
paid er rat wbe ,e^ e��ervess e aver s eNieru +se empleyed in the -op trienn -o#- -a
�+aassage- estabNst�nea# �- �efi- p�wposes- ef- th+s- ohr�pte� -t;;o- ter, ;,- ea+pteyee- shalt - also- +nslade
massage�echnisiaas -who - provide -+ Message- servviePs- as- independenEsentrae�sr ;;- te- a- rsassege
establish ent.
or h're and . is iss p�eS- Sentr- Bi- h6HrS- t3f- oper2t10R- GFe2te- p6NGy- �1F- YNI °�^�- p�rm�`,�^52
awner-.
{h j— �5eated]- stiair- massage -is- where- a- patrert- reeaiues -a- massage- w+�ile- ful4�j- slat #ed- ici- a- yubl }s-or
sem ip+biis area- Thearsas-naassaged -ara- the -hhe 1q. back andlur arms-an4y-.
EXHIBIT 1
Page 1
75A -9
independent contractors to a massago establishment.
(e) "Massage certificate" means a certificate issued by the CAMiC pursuant to Section 4604 of the
Business and Professions Code fChapter 10.5 commencing with section 4600, as amended).
contractor.
Sec. 22 -2. - Massage establishment permit required,
(a) It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or
carry on, in or upon any premises within the city, the business of a massage establishment without a
permit issued pursuant to the provisions of this chapter for each and every such massage
establishment.
(b) Any healing arts professional or other state licensed practitioner listed In section 2-2-6 22 -5 of this
chapter who employs, or contracts with, more than two (2) massage technicians must obtain a
massage establishment permit.
Sec. 22.2.1. - Massage establishment permit term.
(a) Permits for massage establishments shall be for a period of one (1) year, unless sooner revoked as
set forth in this chapter.
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75A -10
(b) No permit granted herein shall confer any vested right to any person or business for more than the
limit period. All massage establishments eperaters and technieaas subject to this chapter, shall
comply with the provisions of this chapter and as may be amended hereafter.
Sec. 22 -3. - Massage establishment permit application.
(a) Any person, corporation or partnership desiring to obtain a permit to operate a massage
establishment shall make application to the chief of police or his /her designated representative. Prior
to submitting such application a nonrefundable fee as established by resolution of the city council
shall be paid to the department of finance to defray, in part, the cast of administering tho
requirements of investi tton- and raper# -- required -icy this chapter. The department of finance shall
issue a receipt showing that such permit application fee has been paid. The receipt, or a copy
thereof, shall be supplied to the chief of police at the time such application is submitted.
(b) The application for permit does not authorize conducting a massage establishment business until
such permit has been granted.
(c) Each applicant shall be the owner of the massage establishment and for a +Massage estabishmPnt
parent shall furnish the following information:
(1) The full true name and any other names used by the applicant.
(2) The present address and telephone number of the applicant.
(3) The previous addresses of applicant, IF any, for a period of five (5) years immediately prior to the
date of the application and the dates of residence at each.
(4) Acceptable written proof that the applicant is at least eighteen (18) years of age.
(5) The applicant's height, weight, color of eyes and hair, and date of birth.
(6) Two (2) photographs of the applicant at least two (2) inches by two (2) Inches taken within the
last thirty (30) days.
(7) Business, occupation or employment history of the applicant for the five (5) years immediately
preceding the date of application.
(8) The business license history of the applicant and whether such applicant, in previously
operating In this or any other city, state or territory under license, has had such license revoked
or suspended, the reason therefore, and the business activity or occupation subsequent to such
action of suspension or revocation.
(g) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates
and places of any such convictions.
(10) 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 addresses of each of its current officers and directors, and each stockholder
holding more than five (5) percent of the stock in the corporation. If the applicant is a
partnership, the applicant shall set forth the name, residence address and dates of birth of each
of the partners, Including limited partners. If the applicant is a limited partnership, it shall furnish
a copy of its certificate of limited partnership as filed with the county clerk. If one (1) 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 (1) of its officers or general
partners to act as its responsible managing officer. The responsible managing officer may
complete and sign all applications on behalf of the corporate officers and partners. Such
Page 3
75A -11
designated persons shall complete and sign all application forms required of an individual
applicant under this chapter, but only one (1) application fee shall be charged.
(11) The name and address of the owner and lessor of the real property upon which the business is
to be conducted, and a notarized copy of the lease or rental agreement, including any
addendums to the agreement.
(12) Such other identification and information irrsluding- writ# en - waiver-*- -pursuant4o4he- €dusatien
Code, as the police department may require in order to discover the truth of the matters
hereinbefore specified as required to be set forth in the application.
(13) Proof of submission to the California Department of Justice a complete set of the applicant's
fingerprints taken by a police department or California Department of Justice approved
contractor. The applicant shall be responsible for payment of any fingerprinting fee.
(14) A site plan depicting the building and /or unit proposed for the massage establishment and a
dimensional interior floor plan depicting how the massage establishment will comply with all
applicable requirements of this chapter.
(15) The complete name, date of birth, phone number and residence address of the proposed on-
site manager who will be principally In charge of the operation of the establishment, and any
other information as requested by the massage establishment application, A manager must
possess the same qualifications as an owner.
(16) 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.
(d) The applicant, if an individual, or designated responsible managing officer, if a partnership or
corporation, shall personally appear at the police department of the city and produce proof that the
required application fee has been paid and shall present the application containing the
aforementioned and described information.
(e) The chief of police shall have thirty -� forty -five (45) calendar days in which to investigate the
application and background of the applicant. The department of building safety arid- housi�fire
depar4rrteat and t+�ea tge Ceunty Ffeattia- Bepartment shall inspect the premises proposed to be
devoted to the massage establishment and shall make separate recommendations to the chief of
police or designee concerning compliance with the foregoing provisions. Tlae preprieior of such
Inspection,
(f) The chief of police or designee, after receiving the application and aforementioned
recommendations, shall grant the permit if he finds:
(1) The required fee has been paid.
(2) The application conforms in all respects to the provisions of this chapter,
(3) The applicant has not knowingly made a material misrepresentation in the application.
(4) The applicant has fully cooperated in the investigation of his application.
(5) The applicant if an individual, or any of the stockholders of the corporation, any officers or
directors, if the applicant is a corporation, or any of the partners, including limited partners, if the
applicant is a partnership, has not within five (5) years prior to the application filing date been
convicted of an offense involving conduct which requires registration under California Penal
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75A -12
Code Section 290, or of conduct which is a violation of the provisions of California Penal Code
Sections 266h, 2661, 311.6 314, 315, 316, 618, 415 647(x), 647(b), or 647(d), or any crime
involving dishonesty, fraud, deceit, or moral turpitude, or any felony offense involving the sale of
a controlled substance specified in Sections 11054 through 11058 of the California Health and
Safety Code.
(6) The applicant has not had a massage establishment permit or massage technician permit or
other similar license or permit denied or revoked for cause by this city or any other city located
in or out of this state within the five (5) years prior to the date of application.
(7) The massage establishment as proposed by the applicant would comply with all applicable laws
including, but not limited to, health, zoning, fire and safety requirements and standards.
(8) The applicant is at least eighteen (18) years of age.
(g) Any person, corporation or partnership denied a permit by the chief of police or designee pursuant to
these provisions may appeal pursuant to chapter 3 of this Code.
(h) It shall be the responsibility of any massage establishment permit holder to notify the city within thirty
(30) days of changing either his/her hIs- er—her home address.ohono number or the address of the
massage establishment.
Sec. 22 -3.1. - Massage establishment permit renewal.
(a) Applications for the renewal of a permit shall be filed with the chief of police at least sixty (60)
calendar days before the expiration of the current permit. Temporary permits will not be issued, Ally
permittee allowing his/her oNaer- permit to lapse or which permit expired during a suspension shall be
required to submit a new application and pay the corresponding original application fees.
(b) Any person desiring to obtain a renewal of his /her respective permit shall file a written application
under penalty of perjury on the required form with the chief of police who shall conduct an
Investigation. The application shall be accompanied by a nonrefundable filing fee established by
separate resolution of the city council to help defray the cost of the investigation required by this
chapter. An applicant shall be required to update the information contained in his /her original permit
application and provide any new and /or additional information as may be reasonably required by the
chief of police In order to determine whether said permit should be renewed.
(c) Any person desiring to obtain a renewal of his /her respective permit shall provide a valid city issued
business license at the time of filing.
Sec. 22-4. - Massage technician requirements permit requ€red.
It shall be unlawful for any person to act as a massage technician,_practitioner, or therapist unless
such person holds a valid massage certificate issued by the CAMTC pursuant to Section 4604 of the
Business and Profession Code (Chapter 10.5 commencing with Section 4600 as amended) and a
photo identification card prepared and issued by the city. per t ssaed by the ally - pursuant to the
pr- ouislone- af- dais- shapte�
!b) Any massage technician acting or operating as an independent contractor shall have and maintain a
valid city issued business license
aee -�'—� o",�age- tech +iisian- pera}it- applisatien
Page 5
75A -13
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xa . mmmmmmmumm x• - xx
{b) —Are y- persea- desiring -te - obtai�a- renewal- s#- k�isH�r- respect+ ve -perm it- sba41- €ile- a- w+Nt#en- apPNeatls +t
tsr�aer-- penat4Y- e #- pa9� -r'-s^ ' "� " °g�iired -# arm- writla- tkie- ck�ie#- cf-- pci }se- aniho- sfaatl- sead�- tst -a�a
{c)�- massage- #esl�r+isiaa- per- mit# ee- sY��aN- a4se- k�e- r�giHred- te- s�kbm7t -avit� - b+s�r- Me�rflae�ual- app4isaEiiep
t#a- tet}awir�g- cJsseareets
disease;
E�)— T- Ana'e- {�- seler- pie #egrapbs- of- #lae- apptisani�#- least- twaE2- }u- �staes- b�p;�- �;rskss- lakes- wi#tiitt
tk}e- 12s�ik�irly -{39 }days:
(3) — lhe appliGant eve�d Starrenl tiie A+riaedsa a Red
Brass s�tt�e- Arxieraa;aa- Neark�sscasia{ioa:
{ 5}-- kias��m+ i# ed- preo#- ef- ee�npletiea- c #- aNeast- #i##eer� -(-95} beurs-0€- centir�� +ric#-edt�saiisa- saarses
irr- massage- ffsr�- a- ressgaiasd- seMoal -e#- massage- or- a -E7aa li€iea- massage- assesiatiara- flrrl+we
Page 7
75A -15
Sec. 22 -56. - Exemptions.
The provisions of this chapter shall not apply to the following classes of individuals while engaged in
the performance of the duties of their respective professions:
(a) Acupuncturists, physicians, surgeons, chiropractors, osteopaths, or physical therapists who are
duly licensed to practice their respective professions in the state. Practical nurses, licensed
vocational nurses, or other persons without qualifications as massage technicians and - without
fkst-ab£ainf4g -a- massage- tee4nici -- peen ,t - pure v asr#- t€i-tlsis- shaptef, whether employed or
contracted by acupuncturists, physicians, surgeons, chiropractors or osteopaths or not, may not
give massage or massage procedures.
(b) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state.
(c) Nurses registered under the laws of the state.
(d) Barbers, cosmetologists, manicurists and estheticians who are duly licensed under the laws of
the state when engaged in such practice within the scope of their license. Except that this
exception applies solely for the massaging of the neck, face and/or scalp of the customer of
said barber or cosmetologist or in the case of a licensed manicurist, the massaging of the
forearm, hands, calves and/or feet. State licensed estheticians may provide skin care, which is
limited to the face, neck, arms or upper part of the human body.
(e) Accredited high schools and colleges, and coaches and trainers therein while acting within the
scope of their employment.
(f) Trainers of any amateur, semiprofessional or professional athlete or athletic team.
(y'�An -�� ividuat- wfro- is- certified-- pursuant<��5�+�skag-- v54th- Bastian - 4,94 -ot
LgFWsion -2-of- the-- �aiif ar- nia- Businests- aa+�- �fefeessians -Dade- and - wipe -is- practising so+7sistent
with -- the- HErali#isatlsns- established- by- k+is -ar he�eefNf +sat+an:
Sec. 22 -551 6:4. - Persons working for exempted individuals.
Any person conducting massage for an exempted class individual must possess a massage
teshnlsian-perm# certificate and shall comply with all massage regulations. A massage technician
employed by an exempted class individual must work under the direction and control of that individual
who must be physically present at the location where the massage is being administered. A massage
technician cannot rent office space or workspace at an exempt individual's location.
Sec. 22-5.2 44. - Evidence of exempt status.
(a) Any person or business exempted from the provisions of this chapter pursuant to section 22 -5 22-6
shall file with the city a copy or provide other evidence of the certificates, permits, licenses,
registration, or other approved authorizing documentation held by the persons who are providing
massage services at the business, prior to commencing services within the city.
(b) The city shall have the authority to make reasonable investigations into the information so provided
pursuant to this section.
Sec. 22.6 7. - Massage establishment facilities.
Every massage establishment shall maintain facilities meeting the following requirements:
(a) Sign. Establishment must comply with the city sign ordinance contained in chapter 41.
Page 8
75A -16
(b) Lighting. Minimum lighting shall be provided in accordance with Article 220 of the National
Electric Code, and, in addition, at least one (1) unobstructed artificial light of not less than sixty
(60) watts shall be provided in each room or enclosure where massage services are performed
on patrons.
(c) Ventilation. Minimum ventilation shall be providers in accordance with Section 1106 of the
Uniform Building Code.
(d) Equipment. Adequate equipment for disinfecting and sterilizing instruments used in performing
the acts of massage shall be provided.
(e) Water. Hot and cold running water shall be provided at all times.
(f) Linen storage. Closed cabinets shall be provided for storage of clean linens, and approved
receptacles shall be provided for storage of soiled linen.
(g) Separation of sexes. ff malef }d f6rrrals patrons are to be serted smt�ltaneeusfy -t -tMe
massage - estabtisinn}eat -a separate +�assaage -reorn roer�s; - separate dressiag fag l #es -and
(h) Facilities for employees, A minimum of one (1) separate wash basin shall be provided In each
massage establishment for the use of employees of any such establishment, which basin shall
provide soap or detergent and hot and cold running water at all times and shall be located within
or as close as practicable to the area devoted to the performing of massage services. In
addition, there shall be provided sanitary towels in permanently installed dispensers at each
wash basin.
(1) Compliance with Code. Proof of compliance with all applicable provisions of this Code shall be
provided.
Sec. 22 -7 8. - Massage facilities operation.
Every person who owns, operates, manages or is employed in any massage establishment shall
comply with the following operating requirements. These requirements shall be prominently and publicly
displayed in a conspicuous place upon every premises operating under the provisions of this chapter:
(a) No person shall be employed or permitted to act as a massage technician who is not in
possession of a valid unrevohed massage teaks sarys Perna t gertifcate.
(b) Bath and massage operations shall be carried on and the premises shall be open only between
the hours of 8:00 a.m. to 10:00 p.m,
(c) A list of services available and the cost of such services shall be posted in an open, public place
on the premises, and shall be described in readily understandable language. No owner,
operator, responsible managing employee, independent contractor, manager, or permittee shall
permit, and no massage technician shall offer to perform any services other than those posted.
(d) The Gvvnerleperatar -ef-a massage establishment shall prominently display the massage
establishment permit and any and all permits massage certificates for each and every massage
technician employed in the establishment in the front lobby area of the premises, for
examination upon demand by any police or code enforcement officer of the city,
Page 9
75A -17
(a) Each massage technician shall wear a photo identification card prepared and issued by the city
while administering a massage. The identification card shall be worn on outer clothing with the
photo facing out. The massage technician shall not use any name other than specified on the
photo identification card while on duty.
(f) Massage establishments shall at all times be equipped with an adequate supply of clean
sanitary towels, coverings and linens. Clean towels, coverings and linens shall not be used on
more than one (1) patron unless they have first been laundered and disinfected. Disposable
towels and coverings shall riot be used on more than one (1) patron. Soiled linens and paper
towels shall be deposited in approved receptacles.
(g) In any establishment in which massage services are rendered only to members of the same sex
at any one (1) time, such persons of the same sex shall be placed in a single separate room or
the operators of the massage establishment may elect to place such persons of the same sex in
separate rooms or booths having adequate ventilation to an area outside said room or booth
while massage services are being performed.
(h) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments,
toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once
each day the premises are open, with a disinfectant approved by the health department.
Bathtubs shall be thoroughly cleaned with a disinfectant approved by the health department
after each use.
AI4- watts; - settings- floors- and - othex-- pkiysis2t- fas�+#les- for— tkte- est2bl +skia�ent- r+rt�si- be- in -�aod
repair- and naalntaiaed -in-a- clean- and- saaiiary- sandiiion.
(1) Instruments utilized In performing massage shall not be used on more than one (1) patron
unless they have been sterilized using approved sterilizing methods.
(j) No persons shall enter, be or remain in any part of a massage establishment while in the
possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a
prescription for such drugs. The owner, operator, responsible managing employee, manager or
permittee shall not permit any such person to enter or remain upon such premises.
(k) No massage establishment shall operate as a school of massage, or Use the same facilities as
that of a school of massage, except as provided below. It shall be unlawful for any person to
perform any massage upon a member of the general public while on the premises of a school of
massage.
(1) No part of the establishment shall be used for residential or sleeping purposes. Ne cooking r
f -0od- pr- �paranon- shalt -be- allowed -en- the- pramices- unless -a -fait- service kttstiert- is- iastaAed�.,ush
a- kitchen- shall -be- far -tkie� -sale- use -sfera ple3'..°�� ^,c�- skrall -be- installed- in- an�en+ptoyees�ly -'
ar- ea— T- he- #ull- service�itsktel�shaN -havea minl�u- irw�f- a -s+nlo- and- ktet- and�Id- rur�ni+�water, -a
re #r�gerator; aa- stevaand- s+�#f�.�entsabinetete- store- ceok+ng- t+teasils
(m) All massage establishments shall have a manager on the premises at all times the massage
establishment Is open. The designated manager must possess a valid and current CPR
certificate Issued by the American Red Cross or the American Heart Association.
(n) The operator, or the manager in the operator's absence, shall be responsible for ensuring
compliance with this chapter and any applicable provisions of this Code. Any change in
management must be reported to the police department within ten (10) days.
(o) An operator and /or on -duty manager shall be responsible for the conduct of all employees, or
independent contractors, while the employees are on the licensed premises. Any act of
omission of any employee constituting a violation of the provisions of this chapter and any
Page 10
75A -18
applicable provision of this Code shall be deemed the act of omission of the operator for the
purposes of determining whether the operator's license shall be revoked, suspended or
renewed.
(g) 611 walls ceilings floors and other physical facilities for the establishment must be in good
repair and maintained in a clean and sanitary condition
Sec. 22 -5 9. - Inspections.
The department of building safety and /or the police department may, from time to time housingr re
aa€I -kal#h deepartrr�en #s shall from tirr�e- to -tir xo-- and aNeas# twice -eask yeamake an inspection of each
massage establishment in the city for the purpose of determining that the provisions of this Code are met.
Sec. 22 -918. - Sale or transfer.
(a) Upon the sale or transfer of any interest in a massage establishment, the permit shall be null and
void. Any person, firm or entity desiring to own or operate the massage establishment shall make a
new application. A fee as established by resolution of the city council shall be payable for each such
application involving sale or other transfer of any interest in an existing massage establishment. The
provisions of section 22 -3 of this chapter shall apply to any person, firm, or entity applying for a
massage establishment permit for premises previously used as such establishment.
(b) Any such sale or transfer of any interest in an existing massage establishment or any application for
an extension or expansion of the building or other place of business of the massage establishment
shall require inspection and shall require compliance with section 22 -6 7 of this chapter.
(c) The owner or operator of a massage establishment shall be responsible for notifying the city of any
intention to rename, change management, change location, or convey the business to another
person.
Sec. 22 -10 44. - Change of location or name.
(a) A change of location of any of the aforementioned and described premises may be approved by the
chief of police and planning manager eI*plar}ner, provided a new application and fee are submitted
and all ordinances and regulations of the city are compiled with and a si�arrge eaosatien fee as
(b) No permittee shall operate under any name or conduct any establishment under any designation not
specified in his permit.
Sec. 22- 1142. - Prohibited conduct.
(a) it shall be unlawful for any massage technician to perform any massage services in any commercial
establishment other than a premises holding a valid massage establishment permit.
(b) A massage technician shall be fully clothed at all times and shall not expose their genitals, pubic
area, buttocks, or in the case of female technicians, their breasts, and such practices shall not be
allowed or permitted by the massage establishment permittee or his designee designate.
(c) A massage technician shall not give massages at any location other than on the premises of a
massage establishment with a valid massage establishment permit; er - -a bus Hess locaton othe�tJ�aa
the- one - specified -aa ihe- teefinirian's- perry +t.
Page 11
75A -19
(d) A massage technician shall not give a massage unless the breasts of female patrons are covered
and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by
the massage establishment permittee or his designee dasignate.
(e) No massage, for a fee, shall be done at the residence of a massage certificate holding perrnitted
massage technician or in any hotel, or motel in the city,
section includes any product infused with tetrahvdrocannabinol (THC) or cannabidiol (CBD).
massage. Marijuana as used in this section includes anv product Infused with tetrahvdrocannabinol
(THC) or cannabidiol (CBD).
(hf) it is a violation of this chapter for a permit holder to commit, and the city may deny an application for
a permit or discipline a permit holder for, any of the following:
(1) Unprofessional conduct, including, but not limited to, denial of licensure, revocation,
suspension, restriction, or any other disciplinary action against a certificate holder by another
state or territory of the United States, by any other government agency, or by another California
health care professional licensing board. A certified copy of the decision, order, or judgment
shall be conclusive evidence of these actions.
(2) Procuring a permit by fraud, misrepresentation, or mistake.
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of,
or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by the
city.
(4) Conviction or plea of guilty or nolo contendere to any felony or misdemeanor or infraction that is
substantially related to the qualifications or duties of a permit holder, in which event the record
of the conviction or plea shall be conclusive evidence of the crime.
(5) Conviction or plea of guilty or nolo contendere to any felony or misdemeanor or infraction
directly related to the operation of a massage establishment.
(6) Impersonating an applicant or acting as a proxy for an applicant in any examination referred to
under this chapter for the issuance of a permit.
(7) Impersonating a certified practitioner or therapist, or permitting or allowing an uncertified person
to use a certificate - permit.
(8) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the
qualifications or duties of a permit holder.
(9) Committing any act punishable as a sexually related crime.
Sec, 22 -121 -2. - Suspension or revocation.
When the chief of police sih/- manager finds that any person holding a permit under the provisions of
chapter 22 has violated the provisions of this chapter or is found guilty of conduct which would form the
basis of denial of the license as set forth In sections 22 -2 and 22 -4, he /she may revoke or suspend the
Page 12
75A -20
permit. No such revocation shall become effective until the permit holder has been notified in writing by
certified mail of his /her right to appeal the revocation decision pursuant to the provisions of ar chapter 3 of
this Code, if a timely appeal is filed, the revocation shall be effective only upon decision of the city
council. Otherwise, the revocation shall become effective after the timely appeal period has passed.
Sec. 22.1314. - Conducting as a 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, and the city
attorney may, In addition to or in lieu of prosecuting a criminal action hereunder, commence an a civil
action or actions, proceeding or proceedings for the abatement, removal or enjoinment thereof, in the
manner provided by taw, and shall take such other steps and shall apply to such courts --Gr courts as may
have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain
and enjoin any person from operating, conducting or maintaining a massage establishment contrary to
the provisions of this chapter.
Sec. 22 -1415. - Existing businesses.
The provisions of this chapter and chanter 41 shall be applicable to all persons and businesses
described herein whether the herein described activities were established before or after the effective
date of this chapter. All establishments within the city that were conductinc activities reouirino nermittinn
Sec. 22 -15 4& - Advertising requirement.
All advertising shall include the massage establishment permit number- conditienat- use-permit
au+ra3e- otand -- use- certxGsate number in any advertisement of services appearing in any printed or
electronic advertising medium. The reference does not have to contain the words "massage
establishment permit "= senditanal use permt or land use sert4jisate , "City of Santa Ana permit
number" or similar language will suffice so long as the correct permit/eertiftcate number is included.
Sec. 22 -1611. - Violation — Penalty.
Any person violating this chapter shall be guilty of a misdemeanor, punishable by a fine of one
thousand dollars ($1,000.00) or by imprisonment for a period riot to exceed six (6) months, or by both
such fine and imprisonment.
Page 13
75A -21
ARTICLE XVILI
Sec. 41 -1750. - Specific purposes.
(a) In addition to the general purposes listed in section 41 -1, the specific purposes of this article are to:
(1) Establish a procedure which places strict limits on processing time and creates an orderly
process for reviewing applications to conduct massages in the interest of public health, safety
and welfare.
(2) Ensure orderly and thorough city review of applications for conducting massages, including, but
not limited to, massage establishment(s)_; and massage teshasan(sj and aaslfary massage
(s).
(3) Establish reasonable and uniform regulations that will reduce possible adverse secondary
effects that businesses conducting massages may have upon the
residents of the city and preserve the integrity of existing commercial areas of the city and of
residential areas which are in close proximity to such commercial areas.
{�4} --7^ ^.- ,�.�t °���° :ghts- son- ferred --by- the- �Jnitod- States- SansNtuHen -to- businesses- sondusting
massages as a pr mawy ow ansNar u�a- manner tLiat ansuront+nued- and - orderrfy
rights- io-ebjestdve- standards and- pr- ompt- ad+ �aiaistrativo- and��+disial�avle+w:
{� �T" m ` "'e Fal not apply s R° � sa;tshn}ents sr bus, as s mare- sole -- prsprieter-sWPs)
where -ihe- sole- preprieto�isseki# #led- pursuant- tca- Shapter --t estien- 469o; -e#
Biv}slen- 2-r�f- the - Safi# ornia- Suslnes�- anst- Rro #essiens- Cods;- er-ta- massage- eskablisMrr�onts -er
busn : a emp4oy or uso-only pe lens se# +fed ssauaeasing -wit#
Bastian -4 69Ei -of- -p ivisiea- ;za#- k�ie- pali#eorn+a- t3usiar ss - and- P- xs#essions- Bode- ts- prauide -- massage
sewises.
(b) This article shall not apply to a retail or service use that is currently licensed by the State of California
Board of Barbering and Cosmetology or an exempt individual as defined in section 22 -5 of this Code.
Sec. 41 -1751. - Definitions.
The wer�sand -phr- aces- wheaever- used�r+tFi+sartisle� schall- be- sonstrt�ed -as tlo#Inerl-ici-sesGioas-41-
'�F,- ,�.1-- "r1- 1'- ,- ;, ^.F, nlessfiree- ssatexi- a- d�#f ecsFlt- rneaa4ng- is-} ntended- er- unlassa- dif#ereFlt- rfleariing
is-spesifeally- defined - and - mere -parfsularay- dirested4o the u&e-Gf-�werdss eFpbraces The sus =cd
in -the- present4 ;0e Rcludei#er `^` ter^nse- and - words -R4he elarnumber +allude -the- plur- al- numbeg
Ses 44-1- Rea -1- -Massage
EXHIBIT 2
75A -22
Page 1
s
_ e s •. o
a C
e
•a m e s sa a-
e m a a
e
e
9�Ret- Ge56- �ie�7-0fl$��lO�n}T , �1i9�- �b�FFS- t} 9- �2- ���eR- fH- RO�eSS- �3aA- SH����- 625f- Ilis"V. %�?I9Rlii5- �- 58�9F8
sohGoh
4s asec} I to r rnessa�� e-
neaR e atrer�ese v�e�vkt4le ft�lty elotl�e�4
ir�a- wEabAsa�serHi�+blis- a�e2�Fi�i- aged- are- tlae- Eiea�S� i-�sek- tjasl�a�td- artnst+r�4y:
des: 4- �— A+isNI�rY-+�assaga -�+se:
As ase xaia ansialar a}assage Ese'- '- af°f!p°an any estabi ea#4bat—ppFGMes- reassage
seMGes as a -a -and- thak- ompleysno
more -than twa (o1, r^^^sed massy siiaicians,as sE 'est e 2n„
�T Je-te } ,— �a:,,nrAn� land- ase- Fe��laiJens -as
Feq ' d- btri4Fiingagency;
amended).
Page 2
75A -23
used in this practice.
(e) "Massage certificate' means a certificate issued by the CAMTC pursuant to Section 4604 of the
Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended).
(f) "Massage establishment" means any establishment having_a fixed place of business where any
individual. firm, association, partnership, corporation or combination of individuals. angages in
conducts carries on or permits to be engaged in conducted or carried on, massages baths. or
health treatments involving massage or baths as regular functions.
any consideration whatsoever. A massage technician may be an employee or independent
contractor.
Sec. 41.1792. - Permitted zones and locations.
Ea ^nt ^� u ^ry x+assage t �e raay only be mated w } e� snes detailad n subsect on-(b) -of
this - same -seot ion -if-- ilia- aaeilta+=,+- u�assac3e- use- is- ansllta+y -te-a- retail - er�er�tise- ase- tJ�at-- is- sur•ceatly
Vtsenseci -by #k e State of Gat+fc rnia @eard -of- Bar -bar ng and Gesmetelog- y sr an exsn}pNnd yicl a as
de#ined- u�- sestiott- ;?2 -8-of N-iis -Bodo-
Ebb- -- Pte- ixaassa0e- estab4iskan�iei�ts- or- anoillarl+- massage- use -- may- be- tosated- vuitkaln- (lie -city tFnl ass- ft�eeis
tie- foltewing zan+ngand- location- srateriaa
No massage establishment maV be located within the city unless it meets the following zoning and
location criteria:
(1) Massage establishments may be permitted asp pr -wary rase wthin gr y cmersa4 zene J+3 tl�a
ally; e tsltadrag ren�naersia4 �aae C� A as- #efieed- }a -tNa- chapter: on parcels in the C1. C1 -MC
C2 C4 C5 or CSM zoning districts.
U Massage establishments may be permitted on a parcel within any Specific Plan or Specific
Development zoning district in which retail service uses are defined and permitted.
(31 No massage establishment is permitted in anV other zoning district.
massage- esiablishmeals- racy- be-- perrraitted- as- a- priraar} �- usp- �vtt #in- a+�y- prefessisnat -f �
4Mn r'b..
aan.,�„�o,ry- as- dHfiRBd- +n -th1S E;IaB {3teF
(3�-- No��..��' tu�ents- raay -- lie- perrw+tted- as--a- primary -- use- wtithin -- ark- spec+fic
de4elepment4n- thesliy as- de#tned4444is
(4}- Ne- massage- establisiar��nts- ii��ay- be- per+n}ttedas- a- prirnay+- use - within - gay- spesiiac -pla+a - ie -tlie
city unless- already - defined -grad- per+ntted,asd efi+ed- in-khis- ehaptes
Page 3
75A -24
� dral-Mal 3 x' -
4aj —Aer� it- re�i�ed -- Ale- taassage- �*stabliih�egt- naay -be- operated- aF- esta4{isFiadk�- tbe- sit�yaa�E;
aA- per- soc�- wis4�i�- io- oparate- er�stabtisia- a- iaaassago�ostabiisk�iaea #- wi##i+i- ttte -s+ty -must apply --Eor
atad- ebtaia- a- massage- estabiishmerat- senditionat- use- peamm(t- under - dais- a#tsla:
:x x
ire.. n,_aysan nn �ya� ,- maS6age- u&&4arad�+Se- Gert+f {cats.
3 x
"o lares t# atal Wegallyy-established- ancltary massage uses as that erm e do#u +ed+ta rtiei6 strap be
deemedte- tierr�anterraieg- #sr -Nae- use- er�ses-spesi#tad� �R ^ °. +'fixate- issued -to-the -use
Page 4
75A -25
See. 414q54 1753. - Permits and certificates—Contents of application.
No massage establishment maybe operated or established in the city without first obtaining the
following:
(1) Approved certificate of ocqgpAncy.
(2) A city issued business license.
(3) Approved massage establishment permit issued by the chief of police as set forth in section 22-2
of this Code.
the 4ilIRg-e#�- mpI,-"p4GatiGR-wlth-4he
apphGat �oRAY#Ihp4h-Ay
shall
{a} --Land-use- Gertlftate- At th6-tJnAe-of-8ubr*#a4-fGf a-{and-u GeFgfloate for rnas.,;aga-a&-an-anG!4ary
{- � ----A- fatly - dimensioned -site- plan- a�ad- fleer- {plan- w #ish- slearFy- identifies- the- aeea- t#rat- wAt-be -Filed
for - massage purpo-ses;
SeG�. ame DeGiSiOR404JFantGr.
delay-in -r-ev4awmg-a-Gemp4ete"pp!iGation.
(GY--Ne4ee-and-1h Ing,
. . . . . . . . . . . ... --al
IjMl P" ®r, W-1,11 10011 Iffill .100-1111111 M
The
Bede In reaching a 5;in on a44-application,4h"49sisio-n-ma rshall iot-be4bou4i4-by
the-foFma4utas-43441deRG43.
Page 5
75A-26
Ja
_ 'h L L J .J
C GL
Gcna, 4 te- a- 4eRla4.-
(f4 ----- FwaWeGisf*n:- The -- d88151 eGI6t6f1 -6!; 211- 43e-- 13 +1d- de41V8Ked- eF- Pla4le€l -tD44e
appliGant- and shall oe4inal:
(3g days of the request,
E23-- i= iindin�s-- Tht+- desisir�n- +rxaker- shall-- ap�reve- �n--- aq�4isa4' sh+a�lE
sondk4en24 ase Ger i€ swan ansi44ary massage -use lan"se- serxif sate sw jeGt -to lts sGRoAsaGe -wi4k -t4is
arNs4e- wk�- �GRr+ a8len- sahRaitEed- #Y- thaa�4isawlt- suiastaRti22es die- te4lewng�lndirags:
(44--- - ---P! o more than one (1) anGillaai- massage
use, aand asG Gertif Gate may ha sG ^ ^ ^ ^_' r maary addrGSs
S5• G5 G DD S S
4 S L S
{ i 1-he j3repesed -ase- wit?-- previde- arid- m2iRtaiR -wa - main[a4 -an
RagtrtortecV�n saRary-sewer driRg-average-and- peak ssnd4EiaRS 2s estala?ished by tk+e
G4ty's apprwad- sewer- +R, aGte=,N.. amended from ne:
�4}--- T= ae- f�rGpesed- i+se- anti44- previd., ^- �.- .;�iRta+n- ss?id- was!.. e.:.;- cam, ^�- �;�., -�+ ^nd- n�ain#aicra
?eyT ^mss a+ saGGnss #en#wttaNaesiEysa}3pweved -se VAP FPd stie4and4-eGyG4Agelement:
�a}-- The-- i3fepGSed- 4$13 -4 i9G2tBd-- ln- -e- s''flnlfl{j -di6t 18t--! n-- Wi+ IGil-- 2- Fp2aaaQ8-- eft2t3tlehRlBnt- 5
per- R� ;lted- paJr6klaFlt�e�Uti500tlen A�_
�6�kre- nie' if$ ag8- 65t2f1l lfShi} ent- mmGBtbt?' 19- d' istarieEGFiteraa- Gt- SH43Gervi'�TA •I - r�b)-w4r4-�4
be- nred- as- G�tk+ e- d24e- ef�he- GSnipleted- applisatiGn:
l�Tkis- pr- apGSed- trse- dees-- rrst-+ RVe4ve- an- applis2r+t- +#- zrn- indiuidl�al; Gr- any- e#- ttaao#isers -ter
genera?- pFtnem -s#an 2ppiloant,,- i#- a- sery�sc aiioR-- or- p2r�nershfp -6ha - have- k'i8ea- tGlinEi- [jL +i}ty
er- p{ eadsd- nrsk�s�a�atanderG- wi#�iin -ttie -past fGkar- 44�- y2er &� ^�.;sdet7eanGr- er- a- felGny
Glassif+ed b��.",° ��-a sax -�.° Xre;:�ted -- offense,
(�— T- he- appAsa+�t�aas -nei -seta muted- false- sraaiisl ead+ ng- 4niGrmat }Gn- sn- tf- ieapp4isat +GR:
Page 6
75A -27
{9 )—The app4oaat has -r et had- an- appGoa#ion -fsr -a massage as#ablisk a eaE so+,d t aaa{ r se peFmi#
sNafld- t�se- ooFtdfioate- denied -eF- revoked- in- Nas- twedva{a �}n,enths- presadiag -tfte- date- af-the
sranrer>t- applisallon-
See ^; ? ',- �7- 4ama-- f�eried- oiva4idi#y,
A+�y- w�assaga - estat?lishmsa #- wand +Eiorr�al- �r;,;t- or- ar+sil lary- r„assaya -t�se- land- r+se-- cerii#isate
apprauad- par& r�ant-t e-## isartiela- sliatl- 13eseme- a�ar�d- void - unless #Me- proposed- ase- is- es #ablished- av+tta4n
pfiojoet -has- bear+ - issued -and- cons tw�osEien- dilig ° "'�;�pnrsr+od; - oF--a- serf #ieaEe- ef- 000rapans� -qas -been
issraed; erg- aornpleieapplica #ionfior- aa- e�r4easisn- has- bao�a- s�imitt#ed
<.os- 4a- E7- � @�- �aree -- &ousca#ion,
r ^'s,T P,ny- perrfri# o�ser�ifisaEe- issued- prwese�anE -to #lea- pravisiar�s of -#his ar#icle- Fray- tae- revolted -by
# �61ij�- 6�5- ef- anxj- af- #�E}.tgll9WingE
"tee basi „mss r se "as been sandasted n a n,aflnerr uvt oFwlola #es- the - pr'GVW9rS-Gf-41 +s
article- the- peu�,i#- ttseFE;- #nits- Es- oon4orm -#e -the- plans- speeifisatiefrs- or- presedw:teas- described -ia
the- applisatiea v atatos -tkFa oesa{,a t teed 4 caiY set by the f re roe steal oFw# okwio4aEes aa}
sity, sta#e;- or- federal -laws:
{2j Tl�o payee #!aa has is lard #o- obtal; em .tar al4 re }�i ed si# , comp”, i"a#e- Nsenses -and
permits,
{3} Tine -perm t or se ## sa#e s be ng -r sad is soadt sl a E+se d ##erant from -Ehat fey wi }isk -ii -was
isseed:
� "�- he- perrni#tae- bas- misFapr- as�ataclaE- fast--- in-- Ekae- apptisatisn- for- part�rit-- o�bas --naE
answered- eaob- 4gUestien -tJoe n 4rath€uAy
{- 5j-- 6'.�.° `- .s- � "t,ar?,gas- irr --on- site- sendit ieas;- tt; e- rnassage- astablfsktnaont- or- aaeillary- r�assaga -rrsa
Ia&5- sru#lsie + moGyees- and tthe pNb FrNi de, rte "w dardfi saE fertp
in- tfae- city's- par�t+ng wd+nanoe;- excap#- iar -an- existing- r}sa -t Mat -is- legal- and- nonsonforer+rFg -with
respast- Se- pafking,
{ 6�-- TMe- parrxritted- buslnass- scoaEas- spend- level=.�,vbish- viola# e- tWe-- neisa�on#rsl- srdinanoe- o€ -#tra
city:
G hat #fie r se for wlaioh Ehe appcaval was gram #ed Lies been d ssen4naed- eeased4e- exist-Gr -ha6
been - sea spandad- for- a- continrrorrs- period- of- twe4ve- (�2-)- months -0Fmore -
{b)- Pletlse- e #- I�earin" gran#erof -tqe penrs �al - publio-bearing, as- preseribed
irr-thls- Soda; en4he-preposed permit- eevoeatien.
fs� -uoad �enng admnstra #er ar des ti} nee snai sandNrt the reueGation hearing and -",ear
# esi} rneay- ragarding- fkre- prsPesed- revesallon- from - nay- kterested- paF4y: -Tbe- hen+ ing- bed3'-�� -net
ice- borand- by- Ehe- fonx�sl- rr�les- of- eWdenea -at- the - heating:
{c )- Net4se -W r iten no# se of t +saying -on the prapesed perrn t or serNfisa#e- rayssallon; to t4
wri ##an- net #Jsatien- ef- Et- ie- spasi€i�groands- e�seetrtplalnt- against # he- pen,�it#ee- sbaall- be- persenally
deN vexed- ensenE- b�cer#ifiad- mail- te- tLie- perrnittee -at- least- ten -(�D j- days- prloFto- the - hearing
Page 7
75A -28
(a}- 9esisisn: -TVie- granter-- Fhatl- reveke- not- �evel�e- ox- n6k- r�vc�l< e- bat�dd- sen�4it +sns- ta- k#�e- percr+it#ee's
massage- e,iabNSf�r+�enk- e6ndttieaal -use per- niit- sransiAaassage -us6 -land- use- serti#isats:
(hj- -Appeat-of desis(ener - -saA €sr review 4 the desisisn 6n- revo6at sn is made by ktie plaan ag manager
or- designee -ar}y- interested- gersen• -a nay- appeal- tk�e- decision- te-tha -pia rrn+ng- esmmiss;e
F146i6ten- m2y- bfF�eW$ WJ Bd�- 7y- th8- 61ty- 66F.IflEIt- pHrfii�ank -kfl-a- bail- f9FF8YiE�i�64Nn61t— pi�rs;N3flt--k£3
SU b8e6tlAn- �l�-- �4�(G};
(�— GCres�r .�.�n Tha�:#e6t+ve- date -a# a- dee�sw ^�• °vslte -a- ,Tannage- estahl+skament- sorrdit {anal -arse
perrxxFi�er�Fl a+�sAlary massage -rase 4ar�d -u -sa- cart+ fi6ate- s#aalt -be as- prrovlded-- in- sestien -4� -645:
(jj— f�enewat- lw -t#�e- event- a- pertr +it- is- revetEed- pursaant -to- thin- aftl6le= ansi#el�;,a��'ge- ostabAsk�menk
s6ndltia^ °,m, -;�. °^ perrnit- or- •ancillary- erassage- ti++se -tafld- use- sertifisate- skcall- nst --be- granted- ke -ihe
permittee- or- an -tlie -site sf- the- perrnit- w+ klain#welve(#�.- msnths- afte�the date- o-f- susia- revaratisn
Sec. 41- 975917764. - Development and operating standards.
(a) The following development and operating standards shall be applied to the operation of any
massage establishmenkantl aa641arysnassage us6:
(1) The owner must advise the city, in writing, at the time of the application for a permit of the
business hours and, thereafter, of any changes in such hours. No person shall operate a
massage establishment or administer a massage in any massage establishment between the
hours of 10:00 p.m. and 8 :00 a.m. A massage begun any time before 10:00 p.m., must
nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from
the massage establishment during these hours and be advised of these hours.
(2) All exterior signs identifying the premises as a massage establishment shall comply with the
sign requirements of the city.
(3) Each operator and /or on- Wy on -duty responsible employee shall display the massage
establishment speratods permit in a conspicuous public place in the lobby of the massage
establishment
(4) The hours of operation must be posted in the front window and clearly visible from the outside.
(5) The operator and/or on duty on -duty responsible employee must also post, on a dally basis in a
conspicuous public place in the lobby, the name of the operator and /or on -dray on -duty
responsible employee as well as all on -duty massage technicians.
(6) "No loitering" signs shall be posted at the front and rear of the business. No outside waiting or
seating area Is permitted in accordance with section 502 of the Penal Code.
(7)- Ne- person all be perrn tted to eensume alroMol�n tl e pr6m sea
Pape &
75A -29
L78) Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1)
employee managing the massage establishment during all working hours. During each
employee's working hours, the employee shall wear a city issued badge identifying the business
and the employee's full name.
(89) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire
Code, and the maximum occupancy load shall be posted at the main entrance.
(91-9) Window areas shall not be covered or made opaque in any way. All windows and
entrances must be unobstructed at all times.
(LO-14) Lighting levels on the premises within sixty (60) feet of the use and in all required parking
areas shall be maintained at a minimum one (1) foot - candle of light.
(111 -2) No exterior pay phones shall be permitted.
(1213) Rear exits are prohibited unless required by either the building rode or the fire code.
When required, rear exit doors shall be kept in a locked closed position and shall have panic
hardware.
(13114) No person shall be employed or permitted to act as a massage technician who is not in
possession of a valid, un- revoked massage teehaisiar+s--perm# certificate and a photo
Identification card prepared and issued by the city as required in chapter 22 of this Code.
05) No- massage estabAslaa ent shah eperate as a sshos -of + rassage use the ar ae fns lit as as
that of a ssMeol sf- +message except as prov dcd e "y a resagn red sshesl -or- passage-
(1416) It shall be unlawful for any person to perform any massage upon a member of the
general public while on the premises of a school of massage.
(151-7) Residing in an a massage establishment is prohibited. No person or persons shall be
allowed to live, reside or dwell inside the massage establishment at any time. No food of any
kind shall be prepared for sale or sold in the establishment.
(1618) No interior doors may be locked during operating hours.
(�)- Tgelollew # }�develeprasnt -and operating- standards. rsl} a44- be- app4ied- to- the�tpexatioa- ®€any- arrsillar�f
massage -use=
"�'- "n41- neueesary bu+4diag- per +nits- shah- be- ragrrisedfoF- its- sonstrustisn:
('� fare adependeat massage eom s ut l zeds ust Gomoy- with - the -fouew ng-standa
{-fy- The - doss- to- tt�e�assage -roer� - +gay- �t�aw3 -a -- locking- al�eshanism -and- may- neE-be
assessed- diresty� #rsa�- thes- ee;�tter -isr�
&)-- L- igMtiaag- sfrall -be-proviFled- within- tkie- roorxa- ai- a- minsiraura- iNarainatisra�f -sne- fourth- (�j -feet-
sandlas,
f 3}-- Ar�siAary -i+ses -sway -net- have- sigt�age- otaa -tk+a t- pertr�i #ed- in- subsesiiaa- 41 -8�2{ s}of -t 4iis
Code:
{4j =T�e- use -e#- frosted- er- rsfJest+ve- glass- is-ns� permitted- per- s4ia11- windew- eoyeriags- of�ri�+- kind -be
uti8zed- tsssreen- the - interior -of the- business:
Page 9
75A -30
Sea 41-#7-601755. - Applicability to other regulations,
The provisions of this article are not intended to provide exclusive regulation of the regulated
expressive business uses. Such uses must comply with any and all applicable regulations imposed in
other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist
between the provisions of this article and the provisions of other articles of chapter 41 of this Code, the
provisions of this article shall prevail.
Secs. 41-1-76-11756-41-1799, - Reserved.
Page 10
75A -31
75A -32
LS 5,27 16
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 22 AND CHAPTER
41 WITH REGARD TO MASSAGE AND MASSAGE
ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The California legislature approved Assembly Bill 1147 (Government
Code sections 51030 - 51034) which amended the California Massage
Therapy Act (Business and Profession Code sections 4600 -4621)
effective January 1, 2015,
B. The new law authorizes a city, county, or a city and a county to adopt or
enforce local ordinances that govern zoning, business licensing, or
reasonable health and safety requirements for establishments or
businesses of a certified massage therapist or certified massage
practitioner.
C. The City Council finds that the permit requirements and restrictions
imposed by the amended codes are reasonably necessary to protect the
health, safety and welfare of the citizens of Santa Ana.
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section
15061(b)(3) "General Rule ", as it has determined that no significant environmental
impact will result from approving these code amendments (Environmental Review
Number ER- 2016 -57).
Section 3. Santa Ana Municipal Code Chapter 22 is hereby amended to read
as follows:
Chapter 22
MASSAGE ESTABLISHMENTS
Sec. 22 -1. 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:
Exhibit B
75A -33
LS 5.27.16
MEe•
e -
e -
ee
IN WIN
75A -34
RAIN
I-MR-1 Me
75A -34
LS 5.27.16
(a) "California Massage Therapy Council' or "CAMTC " means the state - organized
(commencing with Section 4600, as amended).
(c) "Manager" means the owner or operator of the massage establishment, or any
management may include but is not limited to evidence that the individual has
power to direct or hire and dismiss employees, control hours of operation
create policy or rules, or purchase supplies.
(d) "Massage" means any scientific manipulation of soft tissue, or method of
antiseptics, oils, powder, creams, ointments or other similar preparations
commonly used in this practice.
combination of individuals, engages in, conducts, carries on or permits to be
engaged in, conducted or carried on massages baths or health treatments
involving massage or baths as regular functions.
(g) "Massage technician" means any massage practitioner, masseuse massage
therapist or any person who administers or in any way assists in administering
any form of massage, bath, or health treatment involving massages or baths as
75A -35
LS 5.27.18
Sec. 22 -2. Massage establishment permit required.
(a) It shall be unlawful for any person, association, partnership or corporation to engage
in, conduct or carry on, in or upon any premises within the city, the business of a
massage establishment without a permit issued pursuant to the provisions of this
chapter for each and every such massage establishment.
(b) Any healing arts professional or other state licensed practitioner listed in section 22-
6 22 -5 of this chapter who employs, or contracts with, more than two (2) massage
technicians must obtain a massage establishment permit.
Sec. 22 -2.1. Massage establishment permit term.
(a) Permits for massage establishments shall be for a period of one (1) year, unless
sooner revoked as set forth in this chapter.
(b) No permit granted herein shall confer any vested right to any person or business for
more than the limit period. All massage establishments egeratet: -s aed to ;ans
subject to this chapter, shall comply with the provisions of this chapter and as may
be amended hereafter.
Sec. 22 -3. Massage establishment permit application.
(a) Any person, corporation or partnership desiring to obtain a permit to operate a
massage establishment shall make application to the chief of police or his/her
designated representative. Prior to submitting such application a nonrefundable fee
as established by resolution of the city council shall be paid to the department of
finance to defray, in part, the cost of administering the requirements of Env°° °tEgat;on
this chapter. The department of finance shall issue a receipt
showing that such permit application fee has been paid. The receipt, or a copy
thereof, shall be supplied to the chief of police at the time such application is
submitted.
(b) The application for permit does not authorize conducting a massage establishment
business until such permit has been granted.
(c) Each applicant shall be the owner of the massage establishment and fassage
establishment perm,+ shall furnish the following information:
(1) The full true name and any other names used by the applicant.
(2) The present address and telephone number of the applicant.
75A -36
LS 5.27.16
(3) The previous addresses of applicant, if any, for a period of five (5) years
immediately prior to the date of the application and the dates of residence at
each.
(4) Acceptable written proof that the applicant is at least eighteen (18) years of age.
(5) The applicant's height, weight, color of eyes and hair, and date of birth.
(6) Two (2) photographs of the applicant at least two (2) inches by two (2) inches
taken within the last thirty (30) days.
(7) Business, occupation or employment history of the applicant for the five (5)
years immediately preceding the date of application.
(8) The business license history of the applicant and whether such applicant, in
previously operating in this or any other city, state or territory under license, has
had such license revoked or suspended, the reason therefore, and the business
activity or occupation subsequent to such action of suspension or revocation.
(9) All convictions, including ordinance violations, exclusive of traffic violations,
stating the dates and places of any such convictions.
(10) 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 addresses of each of its
current officers and directors, and each stockholder holding more than five (5)
percent of the stock in the corporation. If the applicant is a partnership, the
applicant shall set forth the name, residence address and dates of birth of each
of the partners, including limited partners. If the applicant is a limited
partnership, it shall furnish a copy of its certificate of limited partnership as filed
with the county clerk. If one (1) 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 (1) of its officers or
general partners to act as its responsible managing officer. The responsible
managing officer may complete and sign all applications on behalf of the
corporate officers and partners. Such designated persons shall complete and
sign all application forms required of an individual applicant under this chapter,
but only one (1) application fee shall be charged.
(11)The name and address of the owner and lessor of the real property upon which
the business is to be conducted, and a notarized copy of the lease or rental
agreement, including any addendums to the agreement.
(12)Such other identification and information4nst ORg WFi#BR waivers ,,.uf.$ e
the Ed natiaR Code as the police department may require in order to discover
75A -37
LS 537.16
the truth of the matters hereinbefore specified as required to be set forth in the
application.
(13)Proof of submission to the California Department of Justice a complete set of
the applicant's fingerprints taken by a police department or California
Department of Justice approved contractor. The applicant shall be responsible
for payment of any fingerprinting fee.
(14)A site plan depicting the building and /or unit proposed for the massage
establishment and a dimensional interior floor plan depicting how the massage
establishment will comply with all applicable requirements of this chapter.
(15)The complete name, date of birth, phone number and residence address of the
proposed on -site manager who will be principally in charge of the operation of
the establishment, and any other information as requested by the massage
establishment application. A manager must possess the same qualifications as
an owner.
(16)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.
(d) The applicant, if an individual, or designated. responsible managing officer, if a
partnership or corporation, shall personally appear at the police department of the
city and produce proof that the required application fee has been paid and shall
present the application containing the aforementioned and described information.
(e) The chief of police shall have thirty (30) forty -five (45) calendar days in which to
investigate the application and background of the applicant. The department of
building safety and housing, the f"e department and the n.� e Geun+., uaa#k
a�rr,� -i�—m- era.- �- c� -r,.y� �ru� ,TSy-- r�ccxn^
Department shall inspect the premises proposed to be devoted to the massage
establishment and shall make separate recommendations to the chief of police or
designee concerning compliance with the foregoing provisions. The preprietGr -ef
(f) The chief of police or designee, after receiving the application and aforementioned
recommendations, shall grant the permit if he finds:
(1) The required fee has been paid.
(2) The application conforms in all respects to the provisions of this chapter.
(3) The applicant has not knowingly made a material misrepresentation in the
application.
75A -38
LS 5,27.16
(4) The applicant has fully cooperated in the investigation of his application.
(5) The applicant if an individual, or any of the stockholders of the corporation, any
officers or directors, if the applicant is a corporation, or any of the partners,
including limited partners, If the applicant is a partnership, has not within five (5)
years prior to the application filing date been convicted of an offense involving
conduct which requires registration under California Penal Code Section 290, or
of conduct which is a violation of the provisions of California Penal Code
Sections 266h, 2661, 311.6.314, 315, 316, 318, 415, 647(a), 647(b), or 647(d),
or any crime involving dishonesty, fraud, deceit, or moral turpitude, or any
felony offense Involving the sale of a controlled substance specified in Sections
11054 through 11058 of the California Health and Safety Code.
(6) The applicant has not had a massage establishment permit or massage
technician permit or other similar license or permit denied or revoked for cause
by this city or any other city located in or out of this state within the five (5)
years prior to the date of application.
(7) The massage establishment as proposed by the applicant would comply with all
applicable laws including, but not limited to, health, zoning, fire and safety
requirements and standards.
(8) The applicant is at least eighteen (18) years of age.
(g) Any person, corporation or partnership denied a permit by the chief of police or
designee pursuant to these provisions may appeal pursuant to chapter 3 of this
Code.
(h) It shall be the responsibility of any massage establishment permit holder to notify
the city within thirty (30) days of changing either his /her his o; her home address
phone number, or the address of the massage establishment.
Sec. 22.3.1. Massage establishment permit renewal.
(a) Applications for the renewal of a permit shall be filed with the chief of police at least
sixty (60) calendar days before the expiration of the current permit. Temporary
permits will not be issued. Any permittee allowing his /her or he permit to lapse or
which permit expired during a suspension shall be required to submit a new
application and pay the corresponding original application fees.
(b) Any person desiring to obtain a renewal of his /her respective permit shall file a
written application under penalty of perjury on the required form with the chief of
police who shall conduct an investigation. The application shall be accompanied by
a nonrefundable filing fee established by separate resolution of the city council to
help defray the cost of the investigation required by this chapter. An applicant shall
75A -39
LS 5.27.16
be required to update the information contained in his /her original permit application
and provide any new and /or additional information as may be reasonably required
by the chief of police in order to determine whether said permit should be renewed.
Sec. 22 -4. Massage technician requirements "Fruit- requil".
aa) It shall be unlawful for any person to act as a massage technician, practitioner, or
therapist unless such person holds a valid massage certificate issued by the
CAIVITC pursuant to Section 4604 of the Business and Profession Code (Chapter
prepared and issued by the city.
of this h.apter.
b) Any massage technician acting or operating as an independent contractor shall
have and maintain a valid city issued business license.
111551 NINO
`I
75A -40
LS 5.27,16
�" a _ — MIN
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♦. - 1 1 - 1 1 1 I
I- -
75A -41
LS 5.27 16
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75A -42
LS 5.27.16
Sec. 22-56. Exemptions.
The provisions of this chapter shall not apply to the following classes of individuals
while engaged in the performance of the duties of their respective professions:
(a) Acupuncturists, physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are duly licensed to practice their respective professions in the
state. Practical nurses, licensed vocational nurses, or other persons without
qualifications as massage technicians and wit"^ *first ^b- tal- -, ^,g a sage
teeh4iieffan permit pursuant to this Ghapter, whether employed or contracted by
acupuncturists, physicians, surgeons, chiropractors or osteopaths or not, may
not give massage or massage procedures.
(b) Hospitals, nursing homes, sanatoriums, or other health care facilities duly
licensed by the state.
(c) Nurses registered under the laws of the state.
(d) Barbers, cosmetologists, manicurists and estheticians who are duly licensed
under the laws of the state when engaged in such practice within the scope of
their license. Except that this exception applies solely for the massaging of the
neck, face and /or scalp of the customer of said barber or cosmetologist or in the
case of a licensed manicurist, the massaging of the forearm, hands, calves
and /or feet. State licensed estheticians may provide skin care, which is limited
to the face, neck, arms or upper part of the human body.
(e) Accredited high schools and colleges, and coaches and trainers therein while
acting within the scope of their employment.
(f) Trainers of any amateur, semiprofessional or professional athlete or athletic
team,
.. , _ 91 0111161101INQ
75A -43
LS 5,27. 16
,h .ahlRshAnred by his --rnh e.
I—Iff eeff4Gat+erl-
Sec. 22-5.164. Persons working for exempted individuals.
Any person conducting massage for an exempted class individual must possess a
massage tech ician permit certificate and shall comply with all massage regulations. A
massage technician employed by an exempted class individual must work under the
direction and control of that individual who must be physically present at the location
where the massage is being administered. A massage technician cannot rent office
space or workspace at an exempt individual's location.
Sec, 22.52 6e2. Evidence of exempt status.
(a) Any person or business exempted from the provisions of this chapter pursuant to
section 22 -5 22-4 shall file with the city a copy or provide other evidence of the
certificates, permits, licenses, registration, or other approved authorizing
documentation held by the persons who are providing massage services at the
business, prior to commencing services within the city.
(b) The city shall have the authority to make reasonable investigations into the
information so provided pursuant to this section.
Sec, 22 -6 7. Massage establishment facilities.
Every massage establishment shall maintain facilities meeting the following
requirements:
(a) Sign. Establishment must comply with the city sign ordinance contained in
chapter 41.
(b) Lighting. Minimum lighting shall be provided in accordance with Article 220 of
the National Electric Code, and, in addition, at least one (1) unobstructed
artificial light of not less than sixty (60) watts shall be provided in each room or
enclosure where massage services are performed on patrons.
(c) Ventilation, Minimum ventilation shall be provided in accordance with Section
1105 of the Uniform Building Code.
(d) Equipment. Adequate equipment for disinfecting and sterilizing Instruments
used in performing the acts of massage shall be provided.
(e) Water. Hot and cold running water shall be provided at all times.
(f) Linen storage. Closed cabinets shall be provided for storage of clean linens,
and approved receptacles shall be provided for storage of soiled linen.
75A -44
LS 5.27 16
• . e - - - :�..� ..
If a shower facility is provided at a massage
clearly marked as such.
(h) Facilities for employees. A minimum of one (1) separate wash basin shall be
provided in each massage establishment for the use of employees of any such
establishment, which basin shall provide soap or detergent and hot and cold
running water at all times and shall be located within or as close as practicable
to the area devoted to the performing of massage services. In addition, there
shall be provided sanitary towels in permanently installed dispensers at each
wash basin.
(i) Compliance with Code. Proof of compliance with all applicable provisions of this
Code shall be provided.
Sec. 22 -7 & Massage facilities operation.
Every person who owns, operates, manages or is employed in any massage
establishment shall comply with the following operating requirements. These
requirements shall be prominently and publicly displayed in a conspicuous place upon
every premises operating under the provisions of this chapter:
(a) No person shall be employed or permitted to act as a massage technician who
is not in possession of a valid unrevoked massage tGGIIRician's- -permit
certificate.
(b) Bath and massage operations shall be carried on and the premises shall be
open only between the hours of 8:00 a.m. to 10 :00 p.m.
(c) A list of services available and the cost of such services shall be posted in an
open, public place on the premises, and shall be described in readily
understandable language. No owner, operator, responsible managing
employee, independent contractor, manager, or permittee shall permit, and no
massage technician shall offer to perform any services other than those posted.
(d) The owner ^�^^�ry *TUto a,' a massage establishment shall prominently display the
massage establishment permit and any and all permits massage certificates for
each and every massage technician employed in the establishment in the front
lobby area of the premises, for examination upon demand by any police or code
enforcement officer of the city.
75A -45
LS 5.27.16
(e) Each massage technician shall wear a photo identification card prepared and
issued by the city while administering a massage, The identification card shall
be worn on outer clothing with the photo facing out. The massage technician
shall not use any name other than specified on the photo identification card
while on duty.
(f) Massage establishments shall at all times be equipped with an adequate supply
of clean sanitary towels, coverings and linens. Clean towels, coverings and
linens shall not be used on more than one (1) patron unless they have first been
laundered and disinfected. Disposable towels and coverings shall not be used
on more than one (1) patron, Soiled linens and paper towels shall be deposited
in approved receptacles.
(g) In any establishment in which massage services are rendered only to members
of the same sex at any one (1) time, such persons of the same sex shall be
placed in a single separate room or the operators of the massage establishment
may elect to place such persons of the same sex in separate rooms or booths
having adequate ventilation to an area outside said room or booth while
massage services are being performed.
(h) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and
compartments, toilet rooms and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each day the premises are open, with
a disinfectant approved by the health department. Bathtubs shall be thoroughly
cleaned with a disinfectant approved by the health department after each use.
(1) Instruments utilized in performing massage shall not be used on more than one
(1) patron unless they have been sterilized using approved sterilizing methods.
Q) No persons shall enter, be or remain in any part of a massage establishment
while in the possession of, consuming, or using any alcoholic beverage or drugs
except pursuant to a prescription for such drugs. The owner, operator,
responsible managing employee, manager or permittee shall not permit any
such person to enter or remain upon such premises.
(k) No massage establishment shall operate as a school of massage, or use the
same facilities as that of a school of massage, except as provided below. It
shall be unlawful for any person to perform any massage upon a member of the
general public while on the premises of a school of massage.
(1) No part of the establishment shall be used for residential or sleeping purposes.
NG GeekiRg --r 1.1--ed-pfeParatien 6-1-all bee allowed n the n &—unlles a full
75A -46
LS 6.27.16
- - c
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a -
(m) All massage establishments shall have a manager on the premises at all times
the massage establishment is open. The designated manager must possess a
valid and current CPR certificate issued by the American Red Cross or the
American Heart Association.
(n) The operator, or the manager in the operator's absence, shall be responsible for
ensuring compliance with this chapter and any applicable provisions of this
Code. Any change in management must be reported to the police department
within ten (10) days.
(o) An operator and /or on -duty manager shall be responsible for the conduct of all
employees, or independent contractors, while the employees are on the
licensed premises. Any act of omission of any employee constituting a violation
of the provisions of this chapter and any applicable provision of this Code shall
be deemed the act of omission of the operator for the purposes of determining
whether the operator's license shall be revoked, suspended or renewed.
[_a
Sec. 22 -8 S. Inspections.
The department of building safety and /or the police department may, from time to
time, 4ous41g fFre- anu- i;v °°I +- arch- dv°,r..�r+....e.. +� Shall, from tlme-to4me ar..J at least +,.
year, yeamake an inspection of each massage establishment in the city for the
purpose of determining that the provisions of this Code are met. The prqpFletor of st[&
es #alestablishment hall c es"Aished h.. the G� my of QFa
�.�srR.,r- pay - -sash— fees- a...�....M..,,.,,,.... .., ., ,., ., .uRqe as-
re.MN.IrsArrignt fer the n mty he..l #M of -0'nc. ran .. ealth and AsanUatlon ices,
provided in n,.ni'.i'.°.nt v 1. .. .h the enferGemen' f +h'cam d' I I
Sec. 22.9 40. Sale or transfer.
(a) Upon the sale or transfer of any interest in a massage establishment, the permit
shall be null and void. Any person, firm or entity desiring to own or operate the
massage establishment shall make a new application. A fee as established by
resolution of the city council shall be payable for each such application involving
sale or other transfer of any interest in an existing massage establishment. The
provisions of section 22 -3 of this chapter shall apply to any person, firm, or entity
applying for a massage establishment permit for premises previously used as such
establishment.
75A -47
LS 5.27.16
(b) Any such sale or transfer of any interest in an existing massage establishment or
any application for an extension or expansion of the building or other place of
business of the massage establishment shall require inspection and shall require
compliance with section 22 -6 -7 of this chapter.
(c) The owner or operator of a massage establishment shall be responsible for notifying
the city of any intention to rename, change management, change location, or
convey the business to another person.
Sec. 22.10 44. Change of location or name.
(a) A change of location of any of the aforementioned and described premises may be
approved by the chief of police and planning manager sity-planneF, provided a new
application and fee are submitted and all ordinances and regulations of the city are
complied with and a chaRge of 1 o., - n f ee r-o ;h-.e -esty
GGUn6l is deposited with he -oity
(b) No permittee shall operate under any name or conduct any establishment under
any designation not specified in his permit.
See. 22-114-2. Prohibited conduct.
(a) It shall be unlawful for any massage technician to perform any massage services in
any commercial establishment other than a premises holding a valid massage
establishment permit.
(b) A massage technician shall be fully clothed at all times and shall not expose their
genitals, pubic area, buttocks, or in the case of female technicians, their breasts,
and such practices shall not be allowed or permitted by the massage establishment
permittee or his designee desigflate.
(c) A massage technician shall not give massages at any location other than on the
premises of a massage establishment with a valid massage establishment permit,
or--a-busi4iesa4a ion ether than the one cnen'f'ed en the to Ghn.n.Wn'n permit.
(d) A massage technician shall not give a massage unless the breasts of female
patrons are covered and the genitals of all patrons are covered, and such practices
shall not be allowed or permitted by the massage establishment permittee or his
designee d .
(e) No massage, for a fee, shall be done at the residence of a massage certificate
holding permitted- massage technician or in any hotel, or motel in the city.
75A -48
LS 5.27.16
application during a massage. Marijuana as used in this section includes any
product infused with tetrahvdrocannabinol (THC) or cannabidiol (CBD).
It shall be unlawful for a massage- technician massage practitioner or a massage
section includes any product infused with tetra hvdrocannabinol (THC) or
cannabidiol (CBD).
(hf) It is a violation of this chapter for a permit holder to commit, and the city may deny
an application for a permit or discipline a permit holder for, any of the following;
(1) Unprofessional conduct, including, but not limited to, denial of licensure,
revocation, suspension, restriction, or any other disciplinary action against a
certificate holder by another state or territory of the United States, by any other
government agency, or by another California health care professional licensing
board. A certified copy of the decision, order, or judgment shall be conclusive
evidence of these actions.
(2) Procuring a permit by fraud, misrepresentation, or mistake.
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting
the violation of, or conspiring to violate, any provision or term of this chapter or
any rule or bylaw adopted by the city.
(4) Conviction or plea of guilty or nolo contendere to any felony or misdemeanor or
infraction that is substantially related to the qualifications or duties of a permit
holder, in which event the record of the conviction or plea shall be conclusive
evidence of the crime.
(5) Conviction or plea of guilty or nolo contendere to any felony or misdemeanor or
infraction directly related to the operation of a massage establishment.
(6) Impersonating an applicant or acting as a proxy for an applicant in any
examination referred to under this chapter for the issuance of a permit.
(7) Impersonating a certified practitioner or therapist, or permitting or allowing an
uncertified person to use a certificate permit.
(8) Committing any fraudulent, dishonest, or corrupt act that is substantially related
to the qualifications or duties of a permit holder.
(9) Committing any act punishable as a sexually related crime.
75A -49
LS 5.27.16
Sec. 22.12 43. Suspension or revocation.
When the chief of police eifr "„gagger finds that any person holding a permit under
the provisions of chapter 22 has violated the provisions of this chapter or is found guilty
of conduct which would form the basis of denial of the license as set forth in sections
22 -2 and 22 -4, he /she may revoke or suspend the permit. No such revocation shall
become effective until the permit holder has been notified in writing by certified mail of
his /her right to appeal the revocation decision pursuant to the provisions of of chapter 3
of this Code. If a timely appeal is filed, the revocation shall be effective only upon
decision of the city council, Otherwise, the revocation shall become effective after the
timely appeal period has passed.
Sec. 22 -13 44. Conducting as a 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, and the city attorney may, in addition to or in lieu of prosecuting a
criminal action hereunder, commence an a civil action or actions, proceeding or
proceedings for the abatement, removal or enjoinment thereof, in the manner provided
by law, and shall take such other steps and shall apply to such saurts er courts as may
have jurisdiction to grant such relief as will abate or remove such massage
establishment and restrain and enjoin any person from operating, conducting or
maintaining a massage establishment contrary to the provisions of this chapter.
Sec. 22 -1445. Existing businesses.
The provisions of this chapter and chapter 41 shall be applicable to all persons and
businesses described herein whether the herein described activities were established
before or after the effective date of this chapter. All massage establishments within the
city that were conducting activities requiring Permittinq and regulated under this section
whose activities existed prior to the effective date of this chapter, have a period of one
(1) year from the date of the adoption of the revisions to apply for all permits required of
massaae establishments.
Sec. 22.15 4-6. Advertising requirement.
All advertising shall include the massage establishment permit number, sonditienal
use pernTR— number, or land LAGe ^8Ftlf1Gat° Pw4bef in any advertisement of services
appearing in any printed or electronic advertising medium. The reference does not have
to contain the words "massage establishment permit " "sonde'°n. �armit"; e4-4a-id
"City of Santa Ana permit number" or similar language will suffice so
long as the correct permitke, number is included.
75A -50
LS 5.27.16
Sec. 22 -16 47. Violation - Penalty,
Any person violating this chapter shall be guilty of a misdemeanor, punishable by a
fine of one thousand dollars ($1,000.00) or by Imprisonment for a period not to exceed
six (6) months, or by both such fine and imprisonment.
Section 3. Article XVIII of Chapter 41 of the Santa Ana Municipal Code is hereby
amended to read as follows:
ARTICLE XVIII.
MASSAGE
Sec, 41 -1750. Specific purposes.
(a) In addition to the general purposes listed in section 41 -1, the specific purposes of
this article are to:
(1) Establish a procedure which places strict limits on processing time and creates
an orderly process for reviewing applications to conduct massages, in the
interest of public health, safety, and welfare.
(2) Ensure orderly and thorough city review of applications for conducting
massages, including, but not limited to, massage establishment(s).7 and
massage- te8iln4aR(s) and o is Ilan, massano c.(s
(3) Establish reasonable and uniform regulations that will reduce possible adverse
secondary effects that businesses conducting massages as a pri+nar-y -er
anGitiapy - use may have upon the residents of the city and preserve the integrity
of existing commercial areas of the city and of residential areas which are in
close proximity to such commercial areas,
�.1
rot y- . esses
cGpAwofing- massages as nniFAan. or an Gillaw. .. ... �.,... r[nner"'lTYati . RGURG
the atin e.d a.t eF derh. deyele Rt Gf er�eFt y . �th'n the n'A
Y—a l;, r,. r,..�.y .,��y —and
diminishes these undesirable negative - se^^ ^^' ^ ^, ----'^ that—FeGGgnized
operatleR of es GandU sag
(6) To alloy.. a PFGG866 whereby the unusual site dev el rre tfec. tw;es_Gr_ �l,
^harn^ter'st'n of uh'eh must ^ ply with this arF^le may be dit' rd
through a lnrddyirdual r_" I'll in --r
,uses -G' ro ✓rl nihile n ... - i the ann l'^Nntis Fights to 'h eGt+ve stan-rdaFdG
iVe -and judfGW4eV
e
75A -51
LS 5.27.16
• e - -
defined in section 22 -5 of this Code.
Sec. 41 -1751. Definitions.
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75A -52
LS 5.27.16
attended Glass mR a F--- ed -;- RAMA,
See. 41 1751 A Ghai� sage
As used herein, " "hair- massage" „all4nea;, -whern °fit"^^ reGeives- a- massage
while fully Glothed in a li- nr —m'n N hl'a nra 3 The + .J .. t.. head,
rant i haaL and arms a.J..
aeG-41 1761.6. n.,, 'aFy massage
(a) "California Massage Therapy Council" or "CMTC" means the state - organized
(commencing with Section 46M as amended).
(b) "Emplovee" includes every owner, partner, operator, manager, supervisor and
massage establishment. For purposes of this chapter, the term employee shall
also include massage technicians who provide massage services as
independent contractors to a massage establishment
(c) "Manager" means the owner or operator of the massage establishment or any
persons) designated by the owner or operator to act as the representative and
power to direct or hire and dismiss employees control hours of operation
create policy or rules, or purchase supplies
(d) "Massage" means any scientific manipulation of soft tissue or method of
witn or witnout supplementary aids such as rubbing alcohol liniments
75A -53
LS 5.27.16
Sec. 41 -1752. Permitted zones and locations.
(1) Massage establishments may be permitted
nnmmerrn'al Znne 'n the pity, ev n mevn'al 9 G0- as defined in fh'n
chapter: on parcels in the Cnl� iR-
1 C1 -MD, C2, C4 C5, or CSM zoning districts.
and permitted.
(3) No massage establishment is permitted in any other zoning district.
75A -54
LS 5.27.16
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75A -55
LS 5.27. 16
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Sec. 41- 4 754 1753. Permits and certificates - Contents of application.
(1) Approved certificate of occupancy.
(2) A city issued business license.
(3) Approved massage establishment permit issued by the chief of police, as set
forth in section 22 -2 of this Code.
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75A -56
LS 5.27 16
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75A -57
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75A -58
LS 5.27.16
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75A -59
LS 5.27.16
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Sec. 41 -1459 1754, Development and operating standards.
(a) The following development and operating standards shall be applied to the
operation of any massage establishment grad a+isllla�ge HSe:
(1) The owner must advise the city, in writing, at the time of the application for a
permit of the business hours and, thereafter, of any changes in such hours. No
person shall operate a massage establishment or administer a massage in any
massage establishment between the hours of 10:00 p.m. and 8:00 a.m. A
75A -60
LS 6.27.16
massage begun any time before 10:00 p.m., must nevertheless terminate at
10:00 p.m. All customers, patrons and visitors shall be excluded from the
massage establishment during these hours and be advised of these hours.
(2) All exterior signs identifying the premises as a massage establishment shall
comply with the sign requirements of the city.
(3) Each operator and /or on duty on -duty responsible employee shall display the
massage establishment eperater's permit in a conspicuous public place in the
lobby of the massage establishment.
(4) The hours of operation must be posted in the front window and clearly visible
from the outside.
(5) The operator and /or ea duty on -duty responsible employee must also post, on a
daily basis in a conspicuous public place in the lobby, the name of the operator
and /or on duty on -duty responsible employee as well as all on -duty massage
technicians.
(6) "No loitering" signs shall be posted at the front and rear of the business. No
outside waiting or seating area is permitted in accordance with section 602 of
the Penal Code.
(73)Employees shall be at least eighteen (18) years of age. There shall be a
minimum of one (1) employee managing the massage establishment during all
working hours. During each employee's working hours, the employee shall wear
a city issued badge identifying the business and the employee's full name.
(8O)Occupancy shall not exceed that required under the Uniform Building Code and
Uniform Fire Code, and the maximum occupancy load shall be posted at the
main entrance.
(210) Window areas shall not be covered or made opaque in any way. All
windows and entrances must be unobstructed at all times.
(1014) Lighting levels on the premises within sixty (60) feet of the use and in all
required parking areas shall be maintained at a minimum one (1) foot - candle of
light.
(111.2) No exterior pay phones shall be permitted.
(1213) Rear exits are prohibited unless required by either the building code or the
fire code. When required, rear exit doors shall be kept in a locked closed
position and shall have panic hardware.
75A -61
LS 5.27.16
(1344) No person shall be employed or permitted to act as a massage technician
who is not in possession of a valid, un- revoked massage teGhniGia^ -,'s- Permit
(144 -6) It shall be unlawful for any person to perform any massage upon a
member of the general public while on the premises of a school of massage.
(154) Residing in are a massage establishment is prohibited. No person or
persons shall be allowed to live, reside or dwell inside the massage
establishment at any time. No food of any kind shall be prepared for sale or sold
in the establishment.
(164-9) No interior doors may be locked during operating hours.
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Sec. 41 -1 -7-60 1755. Applicability to other regulations.
The provisions of this article are not intended to provide exclusive regulation of the
regulated expressive business uses. Such uses must comply with any and all applicable
regulations imposed in other articles of the zoning code, other city ordinances and state
and federal law. Should a conflict exist between the provisions of this article and the
75A -62
LS 5.27.16
provisions of other articles of chapter 41 of this Code, the provisions of this article shall
prevail.
Secs. 41 -1-6- 41756- 41 -1799. Reserved.
Section 4. If any section, subsection, sentence, clause or phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause or phrase or portion thereof irrespective of the fact that any one or
more section, subsection, sentence, clause or phrase or portions be declared invalid or
unconstitutional.
ADOPTED this day of
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN
Councilmembers
NOT PRESENT: Councilmembers
2016.
Miguel A. Pulido
Mayor
75A -63
LS 5.27.16
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2016, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75A -64