ORDINANCE 1443ORDINANCE NO. 1443
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -10 REGULATING MASSAGE ESTABLISHMENTS
WITHIN THE CITY OF EL SEGUNDO.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") § 4 -10 -2 is amended to add
the following definitions:
"MASSAGE THERAPY ORGANIZATION (MTO): The organization
created pursuant to Business and Professions Code, Division 2,
Chapter 10.5.
CERTIFIED MASSAGE PRACTITIONER: An individual certified by
the Massage Therapy Organization pursuant to Business and
Professions Code § 4601(b) and who administers massage for
compensation.
CERTIFIED MASSAGE THERAPIST: An individual who by the
Massage Therapy Organization pursuant to Business and
Professions Code § 4601(c) and who administers massage for
compensation."
SECTION 2: All references in ESMC Chapter 4 -10 to "massage parlors" are
amended to read "massage establishments."
SECTION 3: ESMC § 4 -10 -3 is amended to read as follows:
"4 -10 -3: MASSAGE ESTABLISHMENTS; PERMIT,
INVESTIGATION, FEES:
Every person conducting, managing, operating, owning or in control
of a massage establishment or any other place that is open to the
public or is a private club, where facial massages, fomentations,
massages, electric or magnetic treatments, alcohol rubs, Russian,
Swedish or Turkish baths are administered or given, or any public
bathing place, which has in connection therewith a steam room, dry
or hot room plunge, swimming pool, shower bath, or sleeping
accommodations, must obtain a permit in accordance with this
chapter, and for each of such places pay, upon applying for a
permit, an investigation fee of five hundred dollars ($500.00). Each
such place must subsequently pay an annual inspection fee of one
hundred twenty dollars ($120.00) for the cost of submitting to an
annual inspection under the Los Angeles County massage
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establishment inspection program. In addition, each such massage
establishment must pay a business license tax in accordance with
this code. A Massage Establishment Permit is not required for (1) a
massage establishment that is a sole proprietorship where the sole
proprietor is certified by the MTO; or (2) a massage establishment
that employs or uses only individuals certified by the MTO."
SECTION 4: ESMC § 4 -10 -4 is amended to read as follows:
"4 -10 -4: MASSAGE TECHNICIANS; PERMIT, EXAMINATION,
FEES:
Massage technicians must obtain a permit pursuant to this chapter
and, when applying for a permit, pay a one time investigation fee
set by city council resolution. In order to obtain a permit, each
massage technician must successfully pass the Los Angeles
County examination of applicants for massage technician permits
and pay, upon applying for a permit, an examination fee set by city
council resolution. In addition, any massage technicians doing
business in the city as an independent operative are subject to the
business license tax provided for by this code. Certified Massage
Practitioners and Certified Massage Therapists are exempt from
the permit requirement established by this section provided that the
MTO- certified individual is practicing consistent with the
qualifications established by his or her certification. Certified
Massage Practitioners and Certified Massage Therapists are not
exempt from the business license tax set forth in this Code."
SECTION 5: ESMC § 4 -10 -5 is amended to read as follows:
"4 -10 -5: BUSINESS LICENSE REQUIRED:
Before operating any massage establishment or becoming
engaged in the occupation of a massage practitioner or massage
technician, the individual proposing to conduct the business must
obtain the required business license to do so and, in addition,
unless otherwise specified, is subject to each and all of the terms,
conditions and provisions of this chapter."
SECTION 6: ESMC § 4 -10 -10 is amended to read as follows:
"4- 10 -10: NOTICE OF CHANGE:
Whenever any change occurs relating to the written information
required by this chapter, the applicant or permittee must give
notification of such change to the licensing authority within twenty
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(20) days after such change or at any hearing conducted under this
chapter if such hearing is conducted before the above notification
has been given. Every owner of a massage establishment that
employs or uses only MTO- certified massage practitioners and
therapists, and every massage establishment that is a sole
proprietorship where the sole proprietor is MTO- certified, must
notify the city not less than 20 days before changing management,
renaming, or conveying the massage business to another person."
SECTION 7: ESMC § 4 -10 -13 is amended to read as follows:
"4- 10 -13: INSPECTION:
The police department may inspect any massage establishment in
the city during regular business hours with or without notice. Police
officers and any official inspectors while on official business must
be allowed to enter any massage establishment free of charge for
the purpose of inspection."
SECTION 8: ESMC § 4 -10 -21 is amended to read as follows:
"4- 10 -21: DISPLAY OF PERMIT:
Every person holding a permit issued pursuant to this Chapter must
keep the same posted in a conspicuous place upon the licensed
premises in open and clear view. Massage establishments that are
sole proprietorships, where the sole proprietor is MTO- certified, and
massage establishments that employ or use only MTO- certified
persons, must file with the city copies of the current MTO
certifications for each person providing massage services at the
business."
SECTION 9: ESMC § 4 -10 -24 is amended to read as follows:
"4- 10 -24: MASSAGE ESTABLISHMENT; OPERATION:
Unless otherwise specified, every massage establishment must be
maintained and operated in conformance with the requirements of
this Code and Business and Professions Code, Division 2, Chapter
10.5."
SECTION 10: ESMC § 4 -10 -26 is amended to read as follows:
"4- 10 -26: MASSAGE TECHNICIAN; EMPLOYMENT:
A permittee or person required by this Chapter to obtain a permit
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cannot hire or employ a massage technician unless such massage
technician possesses a valid, subsisting permit required by this
Chapter or a valid MTO certification."
SECTION 11: ESMC § 4 -10 -30 is amended to read as follows:
"4- 10 -30: FACILITIES; MINIMUM REQUIREMENTS:
A permit cannot be issued pursuant to this Chapter unless an
inspection reveals that the massage establishment has each of the
following minimum requirements and a certificate of occupancy was
issued by the Planning and Building Safety Director. The
requirements of this section do not apply to (1) a massage
establishment that is a sole proprietorship where the sole proprietor
is certified by the MTO; or (2) a massage establishment that
employs or uses only individuals certified by the MTO.
A. Lighting And Ventilation: Minimum lighting must be provided in
accordance with the California building code, as adopted by this
Code, and, in addition, at least one artificial light of not less than
nine hundred (900) lumens must be provided in each enclosed
room or booth where massage services are being performed on a
patron. Minimum ventilation must be provided in accordance with
the California building code, as adopted by this Code.
B. Washbasins: A minimum of one separate washbasin must be
provided for the use of the employees of the massage
establishment, which basin must provide soap or detergent and hot
and cold running water at all times and be located within or as close
as practicable to the area devoted to the performance of massage
services. In addition, each washbasin must have sanitary towels
placed in permanently installed dispensers.
C. Bathing, Dressing, Toilet Facilities: Adequate bathing, dressing,
locker, and toilet facilities must be provided for patrons. A minimum
of one tub or shower, one dressing room containing a separate
locker for each patron to be served, which locker must be capable
of being locked, as well as a minimum of one toilet and one
washbasin, must be provided. If male and female patrons are to be
served simultaneously at the massage establishment, separate
bathing, a separate massage room or rooms, separate dressing
and separate toilet facilities must be provided for male and female
patrons."
SECTION 12: This ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
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"CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it establishes rules and procedures to permit operation of existing
facilities; minor temporary use of land; ensure maintenance, restoration and
protection of the environment; and regulate normal operations of facilities for
public gatherings. This Ordinance, therefore, is categorically exempt from further
CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and
15323.
SECTION 13: If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such
invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 14: Repeal or amendment of any provision of the El Segundo
Municipal Code does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring
before this Ordinance's effective date. Any such repealed part will remain in full
force and effect for sustaining action or prosecuting violations occurring before
the effective date of this Ordinance.
SECTION 15: The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City of El Segundo's
book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 16: This Ordinance will become effective on the thirty -first (31st)
day following its passage and adoption.
PASSED AND ADOPTED this 15th day of June, 2010.
Eric Busch, Mayor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing Ordinance No. 1443 was duly introduced by said City Council
at a regular meeting held on the 1St day of June, 2010, and was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested to
by the City Clerk, all at a regular meeting of said Council held on the 15th day of
June, 2010, and the same was so passed and adopted by the following vote:
AYES: Busch, Fisher, Brann, Fuentes, Jacobson
NOES: None
ABSENT: None
ABSTAIN: NOne
Cindy Mort en, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger, Assistant City Attorney
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