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Ordinance 1686Ordinance No. 1686 AMENDING THE ALAMEDA MUNICIPAL 'CODE BY ADDING 'ARTICLE 6 TO CHAPTER 7 OF TITLE XII THEREOF, CONSISTING OF SECTIONS 12 -.761 THROUGH 12-7622, REGULATING M A S S'A G E 'ESTABLISHMENTS, MASSAGE TECHNICIANS, AND MASSAGE SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: filec tion 1. Title XII, Chapter 7 of the Alameda Municipal Code addin hereby amended by t oug 12-782 Se r 12.76:1 con ARTICLE 8. M A SS A G E ESTABLISH- MENTS, MASSAGE TECHNICIANS, AND MASSAGE SERVICES S e c . 12.761. Logtolotive Purpose. The e and intent of the City Council In enacting this Article is that the public' health, swelfare, safety and interest require the licensingg and regulation of the establishments, services and persons herein defined, by pproviding minimum building health and sanitation standard's for such establishments, and by p r o v i d i'n g minimum qualifications for persons performin such services. Se= 12.7 Definitio (a) "Massage. " 'Any method of pressure on or friction against, or stroking, kneading rubbin, tapping, p o u n d ng , vib or stimulating of the external parts of the body, for medical or by d snit purposes, with the hans or with the aid of any mechanical or electrical apparatus < or ap- p ces with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams. lotions, ointments, unguents or other similar ppre� arations commonly used in rac tice. bassage Establish- me Any establishment having a fixed place of business wherein a, principp function is such that massage is given, engaged in or carried on, or permitted to be en, engaged in, or carrier v on. Any establish- ment engaged in or carrying on, or permitting -any combination of massagge and bath house shall be deemed a massage establishment.' Anyy persona incl din trainee, and whether paid by fixed salary or who is an in- dependent contractor, who administers to another person, for any !form of 'consideration, a'bath, massage, manipulation of the body, electric vibration, m ag n e t i c stimulation, or similar rocedure. ( d ) Massae Technician Trainee.­ Any person currently enrolled in ' a recoggnnized school." (e) 'OutcalI Massage 'Ser- vice!' Any business, not licensed as a massage establishment under provisions of this Article, wherein a principal function is such that < massage is given, engaged r in, or carried on, or permitted to be given, engaged in, or carried on not at a Yxed location but at a location designated by the ppermittee, massage technician, c u s t o m e r or client. (f) Recognized School." Any school or institution of learning which school or institution of learning has been approved pursuant to Section 29007.6 of the Education Code of the State of California, and which has for its purpose the teaching of a course consisting of seventy (70) hours or more of the theory, ethics and practice, methods' profession, or work of massage technicians, and which school or institution of learning requires a resident m a s s a g e technician be furnished with a diploma or certificate of graduation from such school or in- stitution of learning showing successful completion of such course of study already approved b the California S t a t e Department of Education. Schools offering correspondence courses not requiring actual attendance at class, or courses of a massage technician not approved bythe California State Department of Education shall not be deemed recognixed schools." (g "health Officer." Health Officer < of the County of Alameda or his authorized representative.. The foregoing definitions shall not include hospitals, nursing Tomes. s a p i t a r i a, persons holding an unrevoked certificate of entitlement to F the healing arts under the laws of the State of California, or persons working under the direction and control of such persons or in any such establishments. " (h) "Person." Any individual, copartnership, firm, association, company, cor- Doration, or combination of individuals of whatever Porm or character. (I) "Applicant." Any person who applies for a permit as required by this Article. A' lameda City Ord inance s Ordinance No. 1.6$5 New Series (j) "Employee:' Any person, other t hh an a massage technician, who renders any service to the permittee, who receives compensation or any consideration directly or indirectly from the per- mittee, and who has no phy sical contact with per m i t e e ' s s customers or clien}t,s. Seca 12 -763. Permit Required. ' '1t shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carrie on, in or upon any premises in the City, ; the operation of a massage establishment or an outcall massage service as herein defined without first having obtained a ,permit duly issued in the manner set forth in Article 1, Chapter 2 of Title XIII ((commencing with Section 13.211); of this Code. For the Furppooses of these provisions, he ( hief of Police shall be the Investigating = official of the City of Alameda referred to in Section 13 -213, who shall make the required investigation and who may be the designate - of the City Manager in conducting the hearing upon the ap- plication for permit hereunder. If applicant Is a corp oration, the names and residence`ad- dresses of each of the officers and 'directors of said 'con p oration and of each stockholder owning more than ten per cent (10%) of the stock' of the corporation shall be et forth. If applicant is a p rt- nership, the names nd residence addresses of each of the partners dnciuding limited partners shall be setforth. Applicant shall furnish in. formation from which the City can ' determine whether the massage technicians, trainees, or employees who work in, or will work in, applicant's massage establishment or engage in the outcall service are employed on a- salary or o t he r fixed compensation basis, or are employed as independent contractors whose compensation Is based upon a percentagge of the fee or money paid by the customer or client for a, massage or bath. If such technician, trainee or em- ployee is an independent contractor, app licant shall file with his application a copy of all written agreements wherein the terms of - such status- are set forth and applicant shall information nformation- showing the amounts of said fee or money; paid or to be paid, and the method of computation thereof, under such agreements. In addition to the foregoing, any applicant for such a permit shall furnish the following information: dr dresses (if ny) three ree (3) yea e rs immediately prior to the present address of applicant. (b Written proof that the individual or partnership a licant is over the age; of eighteen (18) years. (c) Individual or partnership applicant's height, „weight, color of eyes and hair, and sex. (d) Two portrait photographs at least 2 inches by 2 inches. (e) Business, ; occupation, or employment of the applicant for the three (3 years im- mediately preceding ,the date of the appplation. (f) The history of the applicant in operation of a massage establishment or similar business or occupation, in- cluding, but not limited to, whether or not such person, in previously operating in this or another city or state under permit, has had such permit revoked or sue ended and the reason therefor, and the business activity' or occupation subsequent to such action of suspension or revocation. (g) All criminal convictions other than for misdemeanor traffic violations, and the reasons therefor. (h) The name and address of each massage technician who is or will be employed in said establishment. (i) Such other identification and information necessary to discover the truth- of the matters herein' before specified as required to be set forth in the application. (i) Nothing herein contained ;shall be construed to to "Fie inve - 90gaiiion' official the , gt to take the fingerprints and additidnai photographs of the applicant. Sec. 12=764. Permit In- vesfigation a n -d _F e e . All a�_ plications for a massage establishment o r outcall massage service permit shall be accompanied by an in- vestigation fee in the sum of Fifty Dollars' ($60.00), no part of which shall be refundable. Upon recept of said p ap- refer htio es the 'City Clerk shall application to the Building Department, the Fire Department, the Police Department, and the -City Plannin Department, each of which within thina period of thirty (30) days from the date of application shall review records or make an inspection of the premises proposed to be devoted as a massage establishment' and shall make a written recommendation to the City Manesger concerning compliance with the respective reqquirements. The City Clerk also shall, upon receipt of said ap- p ication, cause a notice of intent to be posted on or af- fixed to the premises where such establishment or service is to be located. Such notice shall contain the applicant's name, the street address of such - establishment or service, Alameda City as Ordinance No. 1686 New Seric. a statement Inat a massage ppropprietyy of piumbinaa ven- establishment or an cut 11 tilation, heating and sanitation. service - is ' intended to be One artificial white light of not carried on at said premises, less than forty (40) watts shall the date when the City be' provided and be lighted in Manager will conduct a each room where a massage hearing upon : the said ap• is being administered. The plication, and a notice that any walls shall be clean and pperson may submit at suchh painted with an approved hearing a written statement washable mold ' resistant paint regarding the proposed in all rooms where water or establish I. steam baths are !givens Floors Sec, 1 r M i s s u a n c e o r_ shall be free from any a c - D e n i a l of P ermit. - TV Cit} cumulation of 'dust, dirt, or Manager shall - schedule and - refuse. All equipment used in conduct' a hearing upon such the massage operation' shall be application and issue such maintained in a clean and permit' if upon investigation sanitary 'condition. Sepparate and the reports 'filed it -is restrooms shall be provided for found: - men and women h . (a) 'i'nat the operation, as Towels, sheets, and linens of proposed by the applicant,, if all types and items for per- permitted, would complyy with sonal use of operators and all applicable laws, including, patrons shall be clean and but not limited to, the Citvrs freshly laundered. Towels, buildingg zoning, and heallth clothes, and sheets shall not be regulations. used for more than one person. (b) The applicant has not been Re -use of such linen is convicted in a court of prohibited unless the same has competent jurisdiction of: (1) An offense involving lewd conduct nor an offense in- volvin¢ the use of force and violence upon the person of another- or (2) A crime regqwiring regqi�stration under Section 2)317 of the California Penal Code, or of any violation of Sections 1311 through 311.7, 314, 315, 316, 318, or 647 (aL) (b) or (d) of the Penal Code. (o) That the applicant has not knowingly and with intent to deceive made any false, misleading, o r fraudulent statement of facts ' in the permit application or any other document required by the City in conjunction therewith. Otherwise said permit shall be denied. In the event of denial, notifications and reasons for denial , shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or hand deliver eac. Temporcary rA � Establis tt. apapplication the C i t y UMan on ager shall be authorized to issue a tem- porary massage establishment ppermit to any appli who is currently he wner or reasonably suggest- to prospective customers,; clients or patrons that any service is available - other than .those services - described in sub- sections (a) and (e) of Section 12 -762 of this Article, nor shall any such establishment or service indicate in the text of such advertisin that ny service is:availab� t e other than those so described. No service 'described in subsection (a) of Section 12 -762 hereinabove shall be carried on within any 'cubicle, -room, operator of such an establish ment pendingg review and in- vestigation of the appplication submitted herein. -Such tem- porary permit shall remain in effect for a ppeeriod of thirtyy (30) days or until issuance of the permit applied; for, unless said permit has been denied for any of the reasons set forth in Section 12.765, in which event said temporary permit shall be of no further force and effect. Sec. 12-767. Sant0ation Requirenwnts. All premises used by permittees hereunder shall b subject to periodic Inspection by the City for safety of the structure and the rirst seen iaunaerea. tieavy white paper may be substituted for sheets provided that such paper is ; used once for every person and then discarded into a sanitary receptacle. Dressing and locker facilities shall be available for patrons. Security deposit facilities for the protection of the valuables of the patron "shall also be available - =- Adyartlaina. operation No massage establishment or - ' outcall massage ,service granted' <a permit under this Article shall place, ppublish or distribute or cause to 'be placed, published or distributed any advertising matter that deppacts any portion of the human body that would capable of -being locked or secured to entrv. Ins pp__ectian by C i t Y . 1ns1wetion ociaTs of tin Cit yy, includln the Health Officer and Chief of Police, shall have the right to enter the premises from time to time during regular business hours for the purpose of making r e a s o n a b e inspections to e n f o r c e compliance with building, fire, electrical, plumbing, or health regulations, and for the pur- pose of determining that the Alameda City Ordinance Ordinance No. 1686 New 5crics provisions of this Article, and other provisions of -law, are being complied with. In the event 'applicant for 'either ='a massage establishment permit or a massage technician's permit has a communicable or venereal disease, or if the applicant is in violation of an federal, state, or local health law or regulation, the ap plication may be denied. In the event 'a permit has been issued, it may be revoked or suspended in the manner hereinafter set forth in this Article. .12.7610. 'Transfer ° o9 Pe rmit. '. No massage establish- ment permit shall be tran- sferable except with the written approval of ( the City Manager. An 'application for such a transfer shall be in writing and shall be ac- companied by a filing and investigation fee of Fifty Dollars ($50:00), no part of which shall be refundable. The application for such transfer shall contain the same in- formation as required herein for an initial pplication for such a' permit; In the event of d e ni a 1 , notifications and reasons for denial shall be set forth in writing and = shall 'be sent to the applicant by means of registered or certified mail or hand delivery. S ac 7611. Riallwage Technician rmit W It shall be unlawful or any person to practice massage as a principal, an employee or otherwise within the 6ity, unless such person has been Issued ' a massage technician permit by the City Manager and such permit remains in effect in conformity with the provisions of this Article and with Article 1, Chapter 2 of Title XIII of this Code. The application shall be upon a form provided by the City Clerk' and shall set forth the following information: (a) The applicant's full name, r e s i d e n t i a l address, and residence telephone number. (b) The name and address of the massage establishment where the applicant is to be employed and the 'name of the owner of same. (c) The names and addresses of _' arty 'and all previous establishments where 'ap- piicant has been employed as a massage technician. (d) The criminal 'record, if traffic h eviolati o ns deofe the applicant. (e) Whether any permit to engage in the practice of massage as a massage technician or otherwise has p or revoked denied ,if so, the circumstances of such denial or revocation. (f) The furnishing of a portrait photo raph at least 2 inches by 2 together with a complete set of s eb,Derson's finerprints whic�i shall be taken - by the Chief of Police or his agent. (g) Written ; proof that ap- eighteen is ov years he age of (h) A certificate from a medical doctor stating that the app licant has, with thirty (3� da s immediately prior to Piling his application herein, been examined and found to be free from any contagious and communicable disease or venereal disease. (i) Applicant shall also furnish a diploma or certificate of graduation from a recognized school < wherein ths: method. Drofession,and work of massage techniques are taught. ,Pe rmit im v e-s t i g,a t i o n and Fes. "All aP- F plicalions for a massagge permit shall be a ccompanied by an in- vestigation fee in the sum of Ten Dollars ($10.00), no part of which shall be refundable. Upon receipt of said ap refer the t applicationr to the Police Department which, within a period of thirty (30) days from the date of ap- plication shall make in- vestsgation and submit -a written recommendation thereon' to the City 'Manager concerning compliance with the respective requirements. Sec 2.961 uance 'or Denial of PermlL The -City Manager shall issue sued and the report filed it is fou nd:n (a) The applicant has not been convicted in a' court of com- petent jurisdiction, of: (1) An offense' involving lewd conduct, or an offense In- volving the use of force and violence upon the person of another; (2) Has not been convicted of any crime requIrin registration under Section 299 of the 'California Penal Code, or of any violation of Sections 311 throu gh 311.7, 314,'315, 316, 318, or fi47 (a) (b) or (d) of the Penal Code.' (b) That the applicant has not knowingly and with intent to deceive made any false, misleading, o r fraudulent statement of _ facts in the permit 'application or in any other 'document required by t h e City in conjunction therewith. Utherwise said permit shall be I In the; event of denial, notifications and reasons for denial shall be set 'forth in writing and shall be sent to the applicant' by means of registered or certified mail or hand delivery . 12-9614. Technician :::Trainee rmit. Any Derson currently enrolled In a "recognized school a apply fora temporary permlaY Alameda City O r , as a massage technician trainee. in addition to the payment df the investigation fee required by Section 12 -7612. and the information required by Section 12.7611, applicant shall submit a letter si�n ed by the Director or Administrator of applicant's "recognized school" showing the date the applicant was officially enrolled and the estimated date the applicant will graduate. Applicant shall also submit a letter signed by the owner or o v r at o r of n maRRage establishment, stating his _ willingness to employ the applicant to do massage as a massage > technician trainee, working ' under his direct supervision and control, during the time the applicant is completing the course offstudy as a massage technician. The massage trainee ermit shall expire ninety (80 > days from the date issued and is not renewable, except in the case of sickness or accident for which reason the education was delayed. ' Applicant is expected' to complete his massage; technician course of study during the ninety 4 90) day period t e permit is valid. The trainee must, at all times, comply with all laws and or dinances in effect and the failure to comply may render the applicant ineligible to obtain a massage technician's permit. Upon presentation of a copy of his diploma : or cer- tificate of graduation from a recognized school" the trainee will be issued the regular massage technician permit. Sec. x�flr� Operators. All persons engagged in doing massage in the City of Alameda at the time these regulations become effecive who cannot qualify,' for a massage technician permit shall have a period of thirty (30) days within which to qualiffy as a massage technician trainee and obtain a massago technician trainee permit b making application therefor, paying the investigation fee, and submitting information required under the provisions of Section 12.7614 hereof. 12-76141L Display =of Pe rmits. tar. The owner or operator shall display the massage establishment permit issued and the permit of each and every massagge technician or massae technician trainee employed the establishment' in an open and conspicuous place on the premises. _ Ml assaae technicians shall wear an identification name plate which shall contain a photograph of the technician, gi ven and surname of the e c h n i c i a n, and assigned permit number, which plate must be worn on the front of dionances Ordinance No. 1,686 New Series the outermost garment at all times during the hours of operation of any massage establishment or outcall massage ' service granted a permit pursuant to this Article. The opperator of a massage establishment or an outcall massage service must main - tain a register, or written listing of al persons employed by him, whether ; as in dependent contractors or otherwise, as massage' tecnnicians, t r a i n e e s and employees, and their - permit numbers: Such register shah be available for inspection at all times during regular business hours. 12-76 Notl8n®Hon of Cho Every massage estit bl ishm'ent' owner or operator shall' report Im mediately to the City Manager any and all chapg es of address or ownership of the massage establishment, and any changes or transfers of m a s s a g e technicians or massage technician trainees employed in the business or practice. 12-7611L Suspension or Re vocation of Fermlim Any massage establishment or massage technician's ; permit Issued under this Article shall be subject to suspension or revocations by the City Manager in the manner U rovided byY Article 1, Chapter of Title XIII of this Code for violation of any provision of this Article or for any grounds that would warrant the denial of the issuance of such permit (s) in the first instance. PPrior to the suspension or revocation of any permit (s) issued under this Article, the permittee shall be entitled to a hearing held before the City Manager or a Hearing Officer in the 'manner rov3ded by Section 13 -217 of this Code,; at which time evidence will be received for the purpose of determining whether or not such ermit(s) shall be suspended or revoked or whether the ermit may be retained. In she event the permit(s) is ' suspended or revoked. the notification and reasons for such suspension or revocation shall be set forth in writing and sent to the per - mittee by means of registered or certified mail or hand delivery.' 121-7619. Appeals. Ap- peals to the City Council from any denial, suspension or revocation by the City Manager er or any City depart ment Hereunder, shall be in the manner and within the time set forth in Section 13 -218 of this Code, =987 Cumukative Remed In addition to the remedies herein, or in this Code, provided, the operation of a massage establishment or of an outcalI massage service Alameda City ® Ordinance No. 1.686 - s New Series In violation of this Article shall be deemed` a public nuisance and may be enjoined. 42- t. 'Penalty tdr vlotattotei.Any person who violates, or causes another to violate, any of the provisions of this Article is iguilty of a misdem'eanor,and upon conviction shall be punished as set forth in Section 1-411 of this Code. 12- verability.If any section, subsection, sub- - division, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be un- constitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining `portions of this Article or 'anV part thereof. The City Council hereby declares that it would have passed each section sub section, subdivision, paragraph, sentence, clause, or pphrase thereof irrespective of the fact that any one or more sections, subsections, sub - divisions, paragraphs, sen- tences, clauses or - phrases be declared unconstitutional or invalid or ineffective. Section 2. This ordinance shall be in full force and effect from and after the expiration of 'thirty 30) days from the date of its final passage. TERRYrLA CROIX, JR. Presiding Officer of the Council' Attest: ETHEL M. PITT- Deputy City Clerk I, the undersigned, hereby certify that the Yoregoin Ordinance c' was duly ;and g regularly adopted and gassed by the Council of the City of Alameda in regular meeting assembled on the 20th day or February. 1973, by the following vote, to wit: AYES: ''Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5). NOPA: None ABSENT: None. IN = WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said C it y ; this 21st day of Februa.r_v.1973. ETHEL M. PITT (SEAL) Deputy City Clerk of the City of Alameda LEGAL 998. Publish: Feb. N.3, 1973.