Chapter 5.48 MASSAGE ESTABLISHMENTS AND SERVICES

Chapter 5.48
MASSAGE ESTABLISHMENTS AND SERVICES–PERMIT PROCEDURES

Sections:

5.48.005 Findings and purpose

5.48.010 Definitions.

5.48.020 Permits required.

5.48.030 Exceptions.

5.48.040 Permit–Application and fee.

5.48.050 Application–Contents.

5.48.055 Operator/Manager–Examination required

5.48.060 Massage establishment facilities and operations requirements.

5.48.070 Repealed by 1681

5.48.080 Permits–Issued when.

5.48.090 Permit–Term and renewal/changed information

5.48.100 Permit–Display.

5.48.110 Change of location.

5.48.120 Manager to verify permit status

5.48.130 Inspections.

5.48.140 Records of treatments.

5.48.150 Name of business.

5.48.160 Revocation of permits.

5.48.165 Surender of permits.

5.48.170 Appeals to City Manager.

5.48.180 Notices.

5.48.190 Sale or transfer.

5.48.200 Repealed by 1681

5.48.205 Reapplication

5.48.210 Nuisance/Remedy.

5.48.005 Findings and purpose

The city council finds and declares as follows:

A. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the City.

B. The City is authorized, by virtue of the State Constitution, Sections 51030 et seq. of the Government Code, and Section 13 of the Chiropractic Act (initiative measure approved by the electors November 7, 1922, as amended) to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of massage establishments.

C. There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and this chapter provides reasonable safeguards against injury and economic loss.

D. There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.

E. The provisions of this chapter are intended to enhance the efficient processing of permits for massage establishments, massage technicians, operators, managers, and employees, and the ongoing regulation of those permittees by the Gardena Police Department. The provisions of this chapter in no way limit the authority of the police department to inspect massage establishments or conduct investigations to ensure permittees are complying with applicable rules and regulations.

F. The restrictions and requirements contained in this chapter are intended to be in addition to the requirement of a valid business license issued pursuant to chapter 5.04 of the Gardena Municipal Code.

G. The regulations and restrictions contained in this chapter are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.

(Ord. 1681 § 1, 2007; Ord. 1655, § 2, 2004)

(1681, Amended, 01/23/2007; 1655, Added, 06/08/2004)

5.48.010 Definitions.

For the purpose of this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:

A. “Chief of Police” means the Chief of Police of the City of Gardena, or his/her designee.

B. “City Manager” means the City Manager of the City of Gardena, or his/her designee.

C. “Conviction,” or “convicted” means a guilty plea or verdict, or a conviction following a plea of nolo contendere, where the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following that conviction, suspending the imposition of sentence, or of a subsequent order under Section 1203.4 of the Penal Code allowing the applicant to withdraw his or her plea of guilty and to enter a plea of not guilty, or dismissing the accusation or information.

D. “Employee” means any person, other than a massage technician, operator or manager, who renders any service, with or without compensation, to the owner, operator, manager or agent of an owner, operator or manager of a massage establishment relating to the day-to-day operation of the massage establishment whether as an employee or independent contractor.

E. “Manager” means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications of Sections 5.48.020(A) and 5.48.050(A).

F. “Massage” means any method of treating the external parts of the body for remedial, health, hygienic, or relaxation purpose. “Massage” includes, but is not limited to, treatment by means of manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding, vibrating, with or without the aid of or by means of any mechanical or electrical apparatus or appliance, or with rubbing alcohol, liniments, aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.

G. “Massage establishment” means any enterprise or establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any of the activities set forth in subsection (F) of this section. Any establishment engaging in or carrying on, or permitting any combination of, massage and health treatments, or massage and bathhouse, shower, hot tub, sauna, or other dry or wet heat shall also be deemed a massage establishment.

H. “Massage technician” or “technician” means any person who offers to or actually administers a massage to another person, for any form of consideration.

I. “Operator” means all persons who have an ownership interest in the massage establishment. An operator may also be a manager or an owner.

J. “Out-call massage” means any business or enterprise that engages in or performs massage for any form of consideration or in exchange for anything of value whatsoever at a location other than a massage establishment.

K. “Patron area” means any area within a massage establishment open to patrons of the establishment or the general public.

L. “Person who has engaged in disqualifying conduct” means a person who:

1. Within ten (10) years preceding the date of filing of the application in question or, in the case of revocation proceedings, within ten (10) years preceding the date of the revocation notice, has been convicted in a court of competent jurisdiction of any of the following:

a. a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or

b. conduct in violation of Penal Code Section 266h, 266i, 314, 315, 316, 318, 653.22, 653.23, subsections (a), (b) or (d) of Penal Code Section 647, or

c. an attempt to commit or conspiracy to commit any of the above mentioned offenses, or

d. any other crime involving dishonesty, fraud, deceit, or moral turpitude, or

e. when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Penal Code Section 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or

f. any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage, or

g. a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058, or

h. any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses.

2. Within ten (10) years preceding the date of the filing of the application in question or, in the case of revocation proceedings, within ten (10) years preceding the date of the revocation notice, has had any massage establishment, operator, technician, practitioner or trainee license or permit issued by any state, local agency or other licensing authority denied, revoked or suspended, or has had to surrender such a license or permit as a result of pending criminal charges or in lieu of said license or permit being suspended or revoked; or

3. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the Penal Code as the same may be amended from time to time, or any similar provisions of law in a jurisdiction outside the state of California; or

4. Has been found to be maintaining a nuisance in connection with the same or similar type of business.

M. “Proof of bona fide employment” means proof of an employer–employee relationship between the operator of the massage establishment and any person working at the massage establishment. Satisfactory proof of bona fide employment must be shown by written payroll documentation evidencing the employer’s compliance with California Employment Development Department (EDD) requirements for the withholding of California income tax, unemployment insurance contributions and disability contributions from the employee and written payroll documentation of the employer’s compliance with Internal Revenue Service (IRS) requirements for the withholding of federal income taxes, Social Security (FICA) and Medicare contributions from the employee. Such written documentation can include, but is not limited to, W-2 wage and tax statements.

N. “Recognized school of massage” means (1) any school or institution of learning which is open to public enrollment and complies with and has been approved pursuant to the Private Postsecondary and Vocational Education Reform Act of 1989 (California Education Code Sections 94700 et seq.), or a successor statute thereto, including but not limited to Section 94900 or 94905 of the Education Code, which school or institution teaches the theory, ethics, practice, profession, or work of massage and which requires for graduation a resident course of study of not fewer than 500 hours completed in no fewer than three (3) months before the student shall be furnished with a diploma or a certificate of completion; or (2) any school or institution of learning outside the State of California which is open to public enrollment and (i) teaches the theory, ethics, practice, profession, or work of massage, (ii) requires for graduation a resident course of study of not fewer than 500 hours completed in no fewer than three (3) months before the student shall be furnished with a diploma or a certificate of completion, (iii) complies with standards commensurate with those set forth in the Private Postsecondary and Vocational Education Reform Act of 1989, and (iv) has been approved by the Board of Education, or similar governmental regulatory body, of the state in which it is located. Schools which offer a correspondence or internet course not requiring attendance shall not be deemed a “recognized school of massage.”

(Ord. 1681 § 3, 2007; Ord 1655, § 3, 2004; Ord. 1601, § 47, 2000; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.020 Permits required.

A. Massage Establishment Operator/Manager Permit.

1. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the city, the business or operation of a massage establishment, and no person shall manage a massage establishment, without first having obtained a valid massage establishment operator/manager permit.

2. Each person actually providing massage in the massage establishment must additionally obtain a valid massage technician permit, regardless of whether such person has a massage establishment operator/manager permit. No operator and/or manager shall employ or allow to work in the establishment any person as a massage technician who does not have a valid massage technician permit issued pursuant to this chapter. No operator and/or manager shall employ or allow to work in any capacity other than massage technician, any person who does not have a valid massage establishment work permit issued pursuant to this chapter.

B. Massage Technician Permit.

1. No person shall work as a massage technician in a massage establishment without first having obtained a valid massage technician permit. A valid massage technician permit shall be required for any person who offers to, engages in, conducts, or provides massage services from any location within the City whether in the capacity of an employee or an independent contractor.

2. A massage technician permit does not authorize the operation or management of a massage establishment. Any person permitted to perform massage services who desires to operate or manage a massage establishment must apply separately and obtain a permit therefor.

C. Massage Establishment Work Permit

1. No person shall work as an employee in a massage establishment without first having obtained a valid massage establishment work permit. A valid massage establishment work permit shall be required for any person who works in a massage establishment, whether in the capacity of an employee or an independent contractor.

2. A massage establishment work permit does not authorize the operation or management of a massage establishment. Any person permitted to work as an employee in a massage establishment who desires to operate or manage a massage establishment must apply separately and obtain a permit therefore. Any person permitted to work as an employee in a massage establishment who desires to perform massage services must hold a current massage technician permit.

D. Permits issued pursuant to this chapter may not be assigned or transferred.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.030 Exceptions.

A. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to:

1. Any physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such profession in the State of California;

2. Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the State of California, who is an employee of and working under the on-site direction of a physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist, duly licensed to practice their respective professions in this State. No other person employed by a physician, surgeon, chiropractor, osteopath, acupuncturist, or physical therapist, shall provide massage without having first obtained a valid massage technician permit.

3. Any person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of such license.

4. Any persons providing massages that (1) do not involve disrobing and (2) are not administered in a room separate and apart from the primary business activity at the business location.

5. State-licensed hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, and the employees of such facilities while working on the premises of such State-licensed facilities.

6. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

7. Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet.

8. Schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Code Section 7395.1.

9. Businesses that offer ancillary massage services, provided that massages are performed between the hours of 8:00 a.m. and 10:00 p.m. by the holder of a valid massage technician permit issued pursuant to this chapter. Ancillary massage services shall be those services performed at a business where fifteen (15%) percent or less of the overall business operations are related to provision of massage services as measured by the percentage of gross sales or floor area devoted to provision of massage, whichever is greater, as documented in the business license application. Businesses to which this exemption may apply include, but are not limited to, health clubs or beauty salons.

B. Any person claiming exemption under this section shall furnish satisfactory evidence that he or she is entitled to such exemption, including, proof of bona fide employment, or if applicable, a citation to the particular provision of the Business and Professions Code upon which that person relies.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.040 Permit–Application and fee.

Any person desiring to obtain a massage establishment operator/manager permit, massage establishment work permit, and/or a massage technician permit shall make application to the Chief of Police who shall make such investigation as may be necessary to determine compliance with the provisions of this chapter. A nonrefundable fee in an amount established by resolution of the City Council shall accompany the submission of each application, to defray, in part, the costs of investigation and report.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.050 Application–Contents.

A. Applicants for a massage establishment operator/manager permit shall submit the information set forth below. For purposes of this chapter, a massage establishment operator/manager permit “applicant” includes: in the case of a general business, each owner of the business; in the case of a corporation, each stockholder holding more than 10 percent of the corporation and each officer and director of the corporation; in the case of a partnership, each partner, excluding limited partners, and where a partner is a corporation, the provisions pertaining to a corporate applicant shall apply.

1. The full true name of the applicant and a complete statement listing and explaining any and all aliases and fictitious names used by the applicant within the ten years immediately preceding the application;

2. The current residence and business address, current residence and business telephone number and all previous residential and business addresses for a minimum of eight (8) years immediately preceding the present address of the applicant and the dates of residence for each address;

3. The applicant’s place of birth, and original documentation to verify both the applicant’s identity and employment authorization, as listed under 8 U.S.C. §1324a(b)(1) and 8 C.F.R. §274a.2(b)(1). Documentation to satisfy this requirement may include, but is not limited to, a California driver license, California identification card, Social Security card, resident alien (“green”) card, United States passport (unexpired or expired), unexpired foreign passport that contains a temporary I-551 stamp, or an unexpired Employment Authorization Document issued by the United States Government in compliance with 8 C.F.R. §274a.2(b)(1)(v)(A);

4. The history of the applicant as to any similar business or occupation within ten years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage technician services or any other services at, or worked at; whether the applicant has had a permit or license to operate, manage, provide massage technician services or any other services at, or work at a massage establishment denied, revoked or suspended in any jurisdiction; the reasons for any such denial, revocation or suspension; and the business, activity or occupation the applicant engaged in subsequent to such denial revocation or suspension;

5. All criminal convictions within the last ten (10) years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

6. A complete set of applicant’s fingerprints taken by the Gardena Police Department. The applicant shall be responsible for payment of any fingerprinting fee;

7. The name under which the business is to be conducted. If the applicant is a corporation, the name shall be exactly as shown on the articles of incorporation. If the business is a partnership or corporation, an officer or general partner shall be designated to act as its responsible managing officer;

8. The address of the proposed massage establishment, a site plan indicating how the use is proposed to be conducted within the premises, and a description of any other business operated on the same premises;

9. A detailed description of the operation and type of services to be provided by the massage establishment, including proposed hours of operation and number of massage technicians and employees to provide services at the establishment.

10. The name of each manager of the massage establishment. If a manager is other than the applicant, said manager shall be required to obtain a separate massage establishment operator/manager permit;

11. A current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will provide services in the massage establishment, if known;

12. The name, residence and business addresses and phone numbers of the owner of the premises, if other than the applicant, in which the massage establishment is to be located. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property;

13. Such other reasonable identification and information as the Chief of Police may require in order to discover the truth of the matter specified as required to be set forth in the application.

B. Applicants for a massage technician permit shall submit the following information:

4. The history of the applicant as to any similar business or occupation within ten years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage technician services or any other services at, or worked at, or been employed at; whether the applicant has had a permit or license to operate, manage, provide massage technician services or any other services at, or work at a massage establishment denied, revoked or suspended in any jurisdiction; the reasons for any such denial, revocation or suspension; and the business, activity or occupation the applicant engaged in subsequent to such denial revocation or suspension;

5. All criminal convictions within the last ten (10) years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

6. A complete set of applicant’s fingerprints taken by the Gardena Police Department. The applicant shall be responsible for payment of any fingerprinting fee;

7. An original or certified copy of a diploma or certificate and certified transcript of graduation from a recognized school of massage verifying completion of a course of study set forth at Section 5.48.010.N;

8. An original, valid State CPR certificate;

9. Proof that the applicant has qualified for, taken and passed the National Certification Examination for Therapeutic Massage and Bodywork or the Los Angeles County examination of applicants for massage technician permits;

10. A certificate from a medical doctor, licensed to practice in the State of California, stating that the applicant has, within thirty (30) days immediately preceding the date of application, been examined and found to be free from any communicable or contagious disease;

11. The name and address of the establishment where the massage technician will be working and, if the applicant is claiming to be an employee of the establishment, proof of bona fide employment by the massage establishment; and

12. Proof that the applicant is a member in good standing of a state or national professional association devoted to the profession of massage, which association meets all of the following requirements:

a. Requires that its members meet minimum educational requirements, including classroom instruction in anatomy, physiology, hygiene, sanitation, massage theory and practice, and ethics of massage practice totaling at least five hundred (500) hours; and

b. Offers and encourages participation in continuing education programs; and

c. Has an established code of ethics and enforcement procedures for the suspension and revocation of membership of persons violating the code of ethics;

d. Is open to members of the general public meeting its requirements for membership on a statewide or national basis, maintains a membership which reflects substantial statewide or national participation by persons engaged in the business of massage, and is devoted to serving the interests of its members, the massage profession, and the public; and

e. Provides as a membership benefit, liability insurance coverage of at least one million dollars ($1,000,000.00) per occurrence.

13. Such other reasonable identification and information as the Chief of Police may require in order to discover the truth of the matter specified as required to be set forth in the application.

C. Applicants for a massage establishment work permit shall submit the following information:

4. The history of the applicant as to any similar business or occupation within ten years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage technician services technician or any other services at, or worked at, whether the applicant has had a permit or license to operate, manage, provide massage technician or any other services at, or work at a massage establishment denied, revoked or suspended in any jurisdiction; the reasons for any such denial, revocation or suspension; and the business, activity or occupation the applicant engaged in subsequent to such denial revocation or suspension;

5. All criminal convictions within the last ten (10) years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

6. A complete set of applicant’s fingerprints taken by the Gardena Police Department. The applicant shall be responsible for payment of any fingerprinting fee;

7. The name and address of the establishment where the applicant will be working and, if the applicant is claiming to be an employee of the establishment, proof of bona fide employment by the massage establishment; and

8. Such other reasonable identification and information as the Chief of Police may require in order to discover the truth of the matter specified as required to be set forth in the application.

D. All applications shall be dated and shall contain the following statements:

1. A certification under penalty of perjury that the information contained in the application is true and correct; and

2. An authorization for the city, its officers, agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and to insure continual compliance with all applicable provisions of law.

E. Upon receipt of a completed application, the Chief of Police shall cause an investigation to be conducted by the appropriate departments within the city and cause a state and local background check to be conducted.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.055 Operator/Manager–Examination required

A. Every operator and/or manager shall be required to take and pass a written test dealing with the requirements of this chapter to ensure a complete understanding of owner’s, operator’s, manager’s, and employee’s respective duties prior to issuance of an operator/manager permit.

B. The Chief of Police shall establish standards and procedures governing, administering, grading and noticing of the examination required by this section.

C. The examination shall consist solely of a written test regarding the rules and regulations for massage establishments, technicians and employees as set forth in this chapter. The examination shall be prepared, conducted and graded by the city or in its sole discretion, by a competent instructor certified by the Council for Private Postsecondary and Vocational Education pursuant to Education Code Section 94311.1.

D. A score of seventy (70) percent or better is required on each section of the written test. An applicant who fails to pass any section of the examination shall not be eligible to take another examination until sixty (60) calendar days after the previous examination. An applicant who fails to pass upon a second attempt shall not again be eligible until six (6) months thereafter. If an application has three (3) or more sustained municipal code violations during any permit period, the applicant, upon renewal, must retake and pass the written examination designated in this chapter.

E. The examination will be in the English language. In the event the applicant requires that any section of the examination be given in another language, the applicant shall pay any additional fees or costs for a Court-certified and Gardena Police Department-approved interpreter to interpret the examination. Proof of valid Court certification must be provided to the Chief of Police prior to the administration of any such non-English language examination.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004)

(1681, Amended, 01/23/2007; 1655, Added, 06/08/2004)

5.48.060 Massage establishment facilities and operations requirements.

It is unlawful for any person to engage in conduct that violates any provision of this chapter, to engage in conduct which fails to meet the standards set forth in this chapter, or to own, manage, or operate a massage establishment that is not fully in compliance with the following operational standards and no permit to operate a massage establishment shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements:

A. Hours and Conditions of Operation:

1. No massage establishment shall operate nor shall any massage be administered 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 prior to 10:00 p.m. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from outside of the massage establishment.

2. Except during the hours of operation, no patron or visitor shall be permitted in the massage establishment. During business hours, visitors shall only be permitted in the lobby area of the massage establishment.

3. No patron shall be permitted in massage treatment areas unless at least one massage technician, holding a valid permit, is on the premises.

4. The massage establishment shall be supervised during all hours of operation by the owner of the establishment or the manager specified in the permit application.

5. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the City Clerk, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the State of California evidencing that the massage establishment permittee is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) per occurrence arising out of the operation of any massage establishment and the administration of massage.

B. Posting Requirements:

1. A recognizable and legible sign complying with the requirements of this code shall be posted at the main entrance identifying the establishment as a massage establishment.

2. Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in English and such other languages as may be convenient to communicate such service, in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted.

3. Permitees shall comply with the display requirements set forth in Section 5.48.100 applicable to the type of permit issued and the posting requirement set forth in Section 5.48.130 regarding notice of inspections.

4. Any posted signs which are in a language other than English shall also be posted in English.

C. Building and Facilities:

1. In addition to the minimum lighting required by the provisions of Title 15 of this code at least one artificial light of not fewer than forty watts shall be provided in each room or enclosure where massage services are to be administered.

2. Hot and cold running water shall be provided at all times.

3. Closed cabinets shall be provided for the storage of clean linen.

4. Adequate bathing, dressing, locker and toilet facilities shall 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 shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons.

5. A minimum of one separate wash basin shall be provided in each massage establishment for the use of technicians and employees of any such establishment.

6. All wash basins 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 at each wash basin, single service towels placed in permanently installed dispensers.

7. Minimum ventilation shall be provided in accordance with the applicable building codes of the city. To allow for adequate ventilation in cubicles, rooms and areas provided for patrons’ use, which are not serviced directly by required windows or mechanical systems of ventilation, partitions shall be constructed so that the height of partition does not exceed 75 percent of the floor-to-ceiling height of the area in which they are located.

8. The walls in all rooms where water or steam baths are given shall have a washable mold-resistant surface.

9. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.

10. One front door that enters into the front lobby shall be provided for patron use. All patrons, and any persons other than those providing services at the massage establishment, shall be required to enter and exit through the front door of the establishment. The front door shall be visible from the primary street or highway frontage. All exterior doors (except rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours, and the establishment shall comply with the provisions of the Gardena Municipal Code pertaining to the posting of signs stating that doors shall remain unlocked during business hours. Exits for fire safety purposes may be allowed where deemed necessary by the appropriate public safety agency.

11. All interior doors, including, but not limited to, all doors leading to patron areas, massage rooms, dressing rooms, restrooms, the front lobby, hallway or front exterior doors, shall not have any locking mechanisms, and shall not be obstructed by any means. No door leading from the lobby area to patron areas other than the lobby, if any, shall have any locking mechanism or be capable of being locked or blocked to prevent entry in any manner.

12. All massage rooms and dressing rooms shall be screened off by swinging doors mounted at least eighteen inches from the floor and not fewer than ten inches from the top of the door frame, curtains, or draw drapes. In the alternative, a massage room or dressing room may be screened off by a door that is mounted in compliance with the building code provided such door is fitted with a window at least twelve inches by twelve inches in size that provides an unobstructed view from outside the door of the interior of the room being screened. Such door shall also be hung with a double action hinge that permits the door to be opened in either direction and shall contain no locking mechanism.

13. The massage establishment shall comply with all State and Federal laws and regulations relating to access by disabled patrons.

14. The interior of the front lobby shall be fully and clearly visible from outside of the massage establishment, with no sight obstructions allowed on any window areas, including signs, tinting, solar film, or similar window treatment.

D. Instruments, Equipment, and Personnel:

1. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be disinfected and sterilized after each use.

2. Massages shall be administered only on standard or portable massage tables which are covered with a durable, washable plastic or other acceptable waterproof material. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four inches thick or with a width of more than four feet shall not be permitted in the establishment.

3. Except to the extent required, in writing, by a State-licensed medical practitioner, no massage technician or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a massage technician, operator, manager or other employee of a massage establishment unless the patron’s genitals, gluteal fold, anus, and, if a female patron, the female patron’s breasts, are fully covered by a fully opaque, non-transparent covering.

4. All persons providing services in the massage establishment shall be fully clothed at all times. Clothing shall be of fully opaque, non-transparent material and shall provide complete covering from no higher than mid-thigh to no lower than three inches below the collarbone. Massage technicians shall wear fully buttoned or otherwise fully fastened opaque smocks over street clothing while performing massage services.

5. All massage establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present effective control measures shall be instituted for their control or elimination.

6. Clean and sanitary towels, sheets and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle. All patrons shall be appropriately draped while receiving massage services.

7. Within seven calendar days of receiving a massage establishment operator permit, the permittee shall provide the City with a complete list of all technicians and other employees who are or will work, be employed or provide massage services in the massage establishment and the name and residence address of the manager principally in charge of the operation of the massage establishment. The massage establishment operator shall have a continuing obligation to notify the City of any changes in employees and technicians within seven calendar days of such change. In addition, the operator and/or manager shall maintain on the premises of the massage establishment a register of technicians and other employees employed, working or providing services therein. Employee and technician information in the register shall be maintained for a minimum of two years following the employee’s or technician’s termination. The operator and/or manager shall at all reasonable times make the register immediately available for inspection upon demand of a representative of the Police Department, any health officer, or any other official charged with enforcement of this chapter. The register shall include, but is not limited to the following information:

a. The name, nicknames and/or aliases used by an employee or technician.

b. The employee or technician’s home address and relevant phone number (including, but not limited to home, cellular and pager numbers).

c. The employee or technician’s age, date of birth, gender, height, weight, color of hair and eyes.

d. The employee or technician’s Social Security number.

e. The date of employment, and termination, if any.

f. The duties of each employee or technician.

E. Prohibited Conduct:

1. No alcoholic beverages shall be sold, served, furnished, kept or possessed on the premises of any massage establishment.

2. During hours of operation, no person other than a valid permit holder under this chapter or a patron for whom the information required pursuant to Section 5.48.140 of this chapter has been recorded shall be allowed beyond the front lobby of the massage establishment, which shall be located directly inside the front door entrance of the massage establishment.

3. No person shall enter, be, or remain in any part of the massage establishment while in the possession of a condom, nor shall the storage of condoms be permitted within the massage establishment.

4. Out-call massage services or massage services not rendered at a permitted massage establishment are prohibited.

5. No permittee shall hire, employ or allow a massage technician to operate from a massage establishment unless that technician possesses a valid massage technician permit issued by the City.

6. No person or persons shall be allowed to reside, dwell, or live inside the massage establishment at any time.

7. No person shall use or possess any sexually-oriented merchandise, as defined in Section 18.62.020, in or on any part of a massage establishment.

8. No electrical, mechanical or artificial device shall be used by the operator and/or manager or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, of the conversation or other sounds in the massage rooms without the knowledge and written consent of the patron.

9. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons or clients that any service is available other than those services described in this chapter and posted on the premises as required in this chapter, nor shall any massage establishment employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter.

10. No arrangements for massage services to be performed shall be made in a room in the massage establishment used for the administration of massage, unless no other room exists in the establishment. No massage technician shall, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. No massage technician shall perform any service for any patron which was not ordered by such patron prior to the commencement of performance of any service rendered. No patron shall directly pay or give any gratuity to any massage technician, employee or manager, and no massage technician, employee or manager shall solicit any gratuity from any patron.

(Ord. 1682, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.080 Permits–Issued when.

A. Within sixty (60) working days following receipt of a completed application, the Chief of Police shall either issue the permit or mail a written statement of his/her reasons for denial thereof. Notwithstanding the above, failure of the City to act upon a completed application within the time frame set forth above shall not be deemed approval of a permit pursuant to this chapter. Any permit issued pursuant to this subsection shall be deemed conditional pending the City’s receipt of the California Department of Justice report on the applicant’s fingerprints. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application or in any report or record required to be filed therewith, or discloses any disqualifying conduct, the permit shall be subject to denial or revocation pursuant to Section 5.48.160.

B. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings:

1. The applicant has failed to provide information, documentation and assurances required by this Chapter or by the Chief of Police; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria.; or

2. The applicant, or any person directly engaged or employed in the massage establishment, is a person who has engaged in disqualifying conduct; or

3. There is substantial evidence that the applicant has engaged in disqualifying conduct, even if there is no conviction for such conduct; or

4. The massage establishment, as proposed by the applicant, would not comply with all applicable laws, including, but not limited to, all the city’s building, fire, zoning, health and safety regulations; or

5. The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or

6. The applicant is not at least eighteen (18) years of age; or

7. The applicant is delinquent in paying city fees or penalties owed in relation to any permit issued pursuant to this chapter; or

8. In the case of a massage establishment operator/manager permit, the applicant has failed to take and pass the examination required pursuant to Section 5.48.055; or

9. The location of the massage establishment which the applicant intends to own or operate, or at which the applicant intends to work, has within a three (3) year period prior to the submittal of the application, been the site of (i) disqualifying conduct, or (ii) a violation of any provision of this chapter, or any similar criminal or civil ordinance, law, rule, or regulation of the State of California or any other public agency which regulates the operation of massage establishments.

C. The Chief of Police may condition a permit for a massage establishment to insure compliance with the provisions of this chapter.

D. If the Chief of Police denies an application submitted pursuant to section 5.48.200 of this chapter, all massage activity at the massage establishment (in the case of a massage establishment operator/manager permit) or all activities by a massage technician or employee (in the case of a massage technician or massage establishment work permit) must cease following issuance of such denial and no activity for which the permit is required shall be conducted while any appeal of the denial may be pending.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1601, § 48, 2000; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.090 Permit–Term and renewal/changed information

A. Permits issued pursuant to this chapter shall remain in effect, unless revoked, for a period of three (3) years. 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 then current permit to be renewed. Temporary permits will not be issued. Any permittee allowing his or her permit to lapse shall be required to submit a new application and pay the corresponding original application fees. Any permittee desiring to obtain a renewal of his/her respective permit shall file a written application for renewal under penalty of perjury on the required form with the Chief of Police, who shall conduct an investigation. The application for renewal 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, including all information required by Section 5.48.050. Failure to provide this documentation shall be grounds for non-renewal of the massage technician’s permit.

B. Notwithstanding subsection A of this section, it is the duty of the permittee to notify the Chief of Police whenever there is a change in information which was required to be submitted in the permit application. Such notification shall be in writing and made within ten (10) business days of the change.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1601, § 49, 2000; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.100 Permit–Display.

A. Every massage establishment for which an operator/manager permit has been granted pursuant to this chapter shall display the operator/manager permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage is given. An identification badge issued by the Gardena Police Department to an operator/manager shall be worn so as to be readily visible at all times while the operator/manager is on the premises of the massage establishment.

B. Every person to whom a massage technician permit has been granted pursuant to this chapter shall be issued an identification badge by the Gardena Police Department which shall contain the massage technician’s name and the photograph submitted with the application. The badge shall be worn so as to be readily visible at all times while the technician is on the premises of the massage establishment.

C. Every person to whom a massage establishment work permit has been granted pursuant to this chapter shall be issued an identification badge by the Gardena Police Department which shall contain the worker’s name, the photograph submitted with the permit application, and any other information determined necessary by the Chief of Police. The badge shall be worn so as to be readily visible at all times while the worker is on the premises of the massage establishment.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord 1487, § 2, (part) 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.110 Change of location.

Once a massage establishment operator/manager permit has been issued, the establishment may not be relocated without applying for a new massage establishment operator/manager permit in accordance with the procedures of this chapter.

(Ord. 1681, § 1. 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.120 Manager to verify permit status

The manager of a massage establishment shall verify that each employee and massage technician employed or providing massage services at the massage establishment holds a current and valid permit issued pursuant to this chapter.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(181, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.130 Inspections.

A. Representatives of the City’s community development department, business license office, and police department; agents for the City from the County fire department and health department; and representatives of any state or local agencies with regulatory authority over massage establishments shall have the right to enter massage establishments, from time to time, during regular business hours, or at any time that the massage establishment is occupied or open for business, to verify the massage establishment is in compliance with all applicable laws.

B. The operator or manager shall cause to be conspicuously posted so that the same may be readily visible to persons in the front lobby of the massage establishment and in each room in which massage treatments are administered, in letters that are a minimum of one inch in height, a notice in English which provides substantially as follows:

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE

C. No person shall refuse to permit, cause delay, or interfere with a lawful inspection or compliance check of the premises by the officials listed in subsection A of this section at any time.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.140 Records of treatments.

Every operator and/or manager shall keep a legible record in English of the dates and hours of each treatment or service, the name and address of the patron, the name of technician administering such service and a description of the treatment rendered. The operator and/or manager shall verify the accuracy of name and address information provided by requiring the patron to produce proof of identification in the form of a driver license or identification card issued by a state, or, for non-U.S. citizens, a resident alien card or valid passport. A short medical history form shall be completed by the operator and/or manager to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition, which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel. The Police Department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used for emergency purposes or to ensure and enforce compliance with this chapter, or any other applicable State or Federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.150 Name of business.

The business name under which the massage establishment operator/manager permit is issued under this chapter shall be the same as the business name under which the corresponding business tax certificate is issued under chapter 5.04 of this Code. No permittee shall operate under any business name or conduct business under any designation not specified in the permit.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.160 Revocation of permits.

A. Action of Chief of Police. Subject to the procedures set forth in this section, the Chief of Police may revoke a permit issued pursuant to this chapter whenever the Chief of Police determines that any of the following has occurred:

1. The permittee is conducting operations in a manner contrary to the provisions of this code;

2. The permittee is conducting operations in a manner which constitutes a public nuisance;

3. The permittee is conducting operations in a manner which is detrimental to the health, safety or welfare of the city or its inhabitants;

4. The Chief of Police makes any of the findings necessary to deny a permit under Section 5.48.080(B).

B. Prior to the revocation of a permit, if the violation is capable of correction in the discretion of the Chief of Police, then written notice shall be given to the permittee of the violation(s) involved to allow the permittee a period of time to correct the violation(s), which period shall not exceed five (5) business days, at the end of which period, the police department shall conduct an inspection to determine whether the violation(s) has been corrected. If the Chief of Police determines that the violation is not capable of correction or finds that the violation(s) continue without correction, then the Chief of Police may issue notice of revocation. Examples of a violation which will be determined by the Chief of Police to be not capable of correction include but are not limited to substantial evidence of prostitution activity on the massage establishment premises or an immediate threat to health, safety or welfare.

C. Notice of Revocation. Notice of revocation shall contain a statement of the violation(s) which constitute the basis for the revocation. The Chief of Police shall serve the notice of revocation on the permittee, as well as any other interested person requesting a copy of the same. All massage activity at the massage establishment (in the case of a massage establishment operator/manager permit) or work activity by a massage technician or employee (in the case of a massage technician or employee permit) shall cease following issuance of the notice of revocation and no activity for which the permit is required shall be conducted while any appeal of the revocation may be pending.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1601, § 50, 2000; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.165 Surender of permits.

Any permittee shall immediately surrender his or her permit to the Chief of Police upon its revocation.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004)

(1681, Amended, 01/23/2007; 1655, Added, 06/08/2004)

5.48.170 Appeals to City Manager.

A. Appeals.

1. Appeals from a decision of the Chief of Police to deny, revoke or refuse to renew a permit shall be in writing, shall clearly state the applicable basis for the appeal, and shall be filed with the City Clerk not later than fifteen (15) calendar days following the giving of notice of the decision by the Chief of Police.

2. The City Clerk shall not accept an appeal from a decision of the Chief of Police, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.

3. The scope of the appeal hearing pursuant to this Section shall be limited to those issues raised by appellant in the written appeal, as submitted pursuant to subsection (A)(1) above. Failure to clearly state a basis for appeal as required by subsection (A)(1) shall constitute independent and sufficient grounds to reject an appeal as incomplete.

B. City Manager Action.

1. Upon receipt of a timely filed appeal, the City Clerk shall set the matter for hearing before the City Manager. The hearing shall be held not fewer than ten (10) calendar days nor more than thirty (30) calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.

2. The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven calendar days prior to the hearing.

3. At the time of such hearing, the City Manager shall review the records and files of the Chief of Police relating to the decision. In addition, the City Manager shall permit any interested person, including the Chief of Police and the appellant, to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded. Appellant shall have the burden of proving that he or she meets the requirements for issuing or renewing the permit, or that his or her permit should not be revoked.

4. Based upon the evidence presented at the hearing, the City Manager shall determine whether the decision by the Chief of Police should be affirmed, modified or reversed.

5. The City Manager’s decision shall be communicated in writing to the appellant within seven calendar days after the close of the hearing and submission of the matter to the City Manager for decision. The City Manager’s decision shall state whether the decision of the Chief of Police is affirmed, modified or reversed and shall state the reasons therefor. The City Manager’s decision shall also state that it is final and conclusive, that judicial review may be sought therefrom pursuant to Code of Civil Procedure Section 1094.5, and that any action filed in the Superior Court shall be filed within ninety days following the City Manager’s notice pursuant to Code of Civil Procedure Section 1094.6.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1601, § 51, 2000; Ord.1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.180 Notices.

All notices required to be given pursuant to this chapter shall be served on the responsible party (i.e, permittee, applicant or appellant) either by personal delivery or by deposit in the United States Mail in a sealed envelope postage prepaid addressed to such responsible party as the name and address appear in the most recent application on file with the City. Service by mail shall be deemed to have been completed on the date deposited in the mail.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.190 Sale or transfer.

A sale or transfer of any reportable interest in a massage establishment, which interest would be required to be reported in an application for a massage establishment operator/manager permit, shall be reported to the Chief of Police within ten (10) calendar days of such sale or transfer. Upon such sale or transfer, the permit therefor shall be null and void and a new application shall be made therefor in accordance with the provisions of this chapter.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)

5.48.205 Reapplication

No person shall apply for a permit which has been revoked or denied for a minimum of one (1) year following the date that the denial or revocation is final.

(Ord. 1681, § 1, 2007; Ord. 1655, § 4, 2004)

(1681, Amended, 01/23/2007; 1655, Added, 06/08/2004)

5.48.210 Nuisance/Remedy.

A. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and is declared to be unlawful and a public nuisance and the city may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, including any code enforcement procedures established pursuant to the laws of the State of California and the City of Gardena; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from

operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. If an injunction is sought, attorney’s fees and costs will be assessed at the discretion of the court against the party subject to said injunction.

B. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. 1681 § 1, 2007; Ord. 1655 § 4, 2004; Ord. 1487 § 2 (part), 1995)

(1681, Amended, 01/23/2007; 1655, Amended, 06/08/2004)