HomeMy WebLinkAbout02. Intro Ord-Amending DMC to adopt Regulations related to Massage EstablishmentsMUNICIPAL CODE CHANGE ORDINANCE - MASSAGE
SEPTEMBER 10, 2019
PAGE 2
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uses.
The existing Municipal Code regulations related to massage uses require all massage
establishments operators, persons who own the business, and all massage practitioners, persons
who perform massage services on customers, to apply for a permit with the Police Department.
The permit application submitted to the Police Department is approved only after the applicant
has passed a background check, as stated in Chapter 5 of Article VI of the existing Municipal
Code. Additionally, Section 9314.04 of the Municipal Code requires a Conditional Use Permit to
be presented to the Planning Commission at a public hearing before a determination is made to
approve or deny a new massage establishment.
Staff reviewed the Massage Therapy Act and the authority that local jurisdictions are allowed to
exercise when regulating massage establishments and massage practitioners. In addition to
reviewing state legislation, staff also surveyed the regulations in place for surrounding
jurisdictions. Staff reviewed massage ordinances in place for ten cities of similar size and
demographics, and found the Cities of Cerritos, Brea, Fullerton, and Orange had regulations that
could serve as a guide in establishing new standards. Typically, these communities accepted the
state's reviewing organization as the criteria for all massage practitioners. These communities
require that any person who performs massage must hold a CAMTC certification and massage
establishments are required to meet specific facility and operational standards. Additionally, these
jurisdictions required regular renewals of background checks for massage establishment
operators to ensure they remain in compliance and have not received any convictions since
commencing operation within the City.
At their regular meeting of August 21, 2019, the Planning Commission conducted a public hearing
and deliberated on the proposed Municipal Code Amendments regarding massage uses. The
Planning Commission had general questions regarding the terminology and definitions utilized in
the proposed text but otherwise had no concern with the proposed amendments. The public
hearing was closed after hearing one public speaker who was generally in support of the
amendments. The Planning Commission voted unanimously to approve Resolution 19-3101
recommending that the City Council approve the Municipal Code Amendments.
Staff is proposing to incorporate many of these regulations because they will set clear standards
and provide an avenue for continued observation to ensure that the establishments operate as
originally approved. The proposed amendments will retain the existing background check
requirements for operators of massage establishments, who are not CAMTC certified, and will
additionally require that any partner with a 5% or more interest in the business, be required to
submit an application for a background check. Additionally, the amendments will incorporate
requirements that these operators submit a renewal application for a new background check
every two years. The proposed amendments also introduce a revocation procedure that will allow
the City to revoke an approval if the operator was found to no longer meet approved criteria. In
compliance with the Massage Therapy Act, massage establishment operators who hold a CAMTC
are not required to submit an application for a background check or a renewal application
because they have completed a background check conducted by CAMTC as part of their
certification. However, all massage establishments will continue to be required to obtain a
Conditional Use Permit.
MUNICIPAL CODE CHANGE ORDINANCE - MASSAGE
SEPTEMBER 10, 2019
PAGE 3
before requesting approval for a business license.
1. All persons who perform massage services would be required to have a state massage
certification. Massage establishments would be prohibited from allowing non -certified
persons from performing massage services.
2. Any person who operates a massage establishment or owns 5% or more of a massage
establishment and who is not a state certified massage professional would have to pass
a detailed background check. Background check approval could be denied or revoked if
any of the required findings for approval could not be made or if the applicant makes any
material misrepresentation or omission during the •:'o
3. Each massage establishment would have to comply with the numerous operational
requirements. These include health and safety regulations that were already currently
found in the Code, as well as new requirements intended to ensure that only state -
certified massage professionals are providing massage services. Some such regulations
include lighting standards, apparel standards, maintenance • records which must be
made available for City staff.
4. The amendment would also amend Section 9402.04 of the Municipal Code to update the
definition "massage practitioner" and eliminate the definition of "Professional
massage/somatic association" to introduce a definition for "California Massage Therapy
Council." These amendments will identify that only persons who meet state certification
requirements may operate within the City.
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MUNICIPAL CODE CHANGE ORDINANCE - MASSAI
SEPTEMBER 10, 2019
PAG E 4
ATTACHMENTS
Attachments: A — Proposed Ordinance
B — Planning Commission Resolution No. 19-3101
C — Planning Commission Staff Report
D — Urgency Ordinance 18-1400 & 18-1399
L4q:K91 SUM =114i 1 W&K6el a 1 2, VVII I V&SI a 119171
I I A
=r-11-11111!•STIK914ne
WHEREAS, on November 13, 2018, pursuant Section 65858 of the California
Government Code, the City Council of the City of Downey ("City Council") adopted Ordinance
No. 18-1400, an interim urgency ordinance, extending the temporary prohibition on establishin,.v
new or expanding existing massage therapy establishments for a period of 10 months and 15
:tays; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on August 21,
2019, and after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted Resolution No. 19-3101.
WHEREAS, on September 10, 2019, the City Council held a duly noticed public hearing
io fully consider all oral and written testimony and facts and opinions regarding the amendment
I
to the Municipal Code; and,
WHEREAS, having further considered all of the oral and written evidence presented to it
at said public hearing, the City Council of the City of Downey further finds, determines and
declares that:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The City adopted an Interim Urgency Ordinance on October 9, 2018
and adopted an Extension of the Interim Urgency Ordinance on November 13, 2018
because there was concern that the potential impacts of massage therapy
establishments threatened the preservation of the public peace, health, safety and
welfare of the community. The proposed Municipal Code Amendments introduce
regulations that establish approval procedures, operational requirements, and sets
forth inspection and revocation authority by City Officials to ensure massage
establishments operate appropriately. The proposed regulations, operational
standards, inspection, and review and revocation procedures are incorporated to
ensure that potential effects in public health, safety, and general welfare will be
mitigated as much as possible.
B. The proposed amendment is in general conformance with the General Plan. The
proposed Municipal Code Amendments set forth review, approval, and operational
standards for a sensitive commercial use within the City. General Plan Program
1. 3.2.2 — Adjust the codes, policies, and regulations in response to changes in land
use trends. The Municipal Code Amendment addresses a community that arose after
Mr-Iftel
............... . . . . . . . . . .....
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The following regulations of Sections 6553 through 6556 of Article VI of the
Downey Municipal Code as provided below. New text is identified with an and red font
color and deleted text is shown with a StFikethrougli the amended regulations are proposed to
read as follows:
SECTION 6553. DEFINITIONS.
n&e nurnoses of ftis nal. fte %yofds--a-Fd nWr9ses Mqve tWe d is listed below:
"ii o'I'Vicii shafl mea11_j(jk
_9f winey Ghicl' of I lafice or his oi hor
C-01all have the Satile
liron which Shall 11-iiean af IV Person on the
(' S of F, U -qien� c _TILti IC D -) 1
j MOSI A ge: establ�st ILI! C e 0
tirl hOLICS WhO �S I �1 �L M I, 111P�
tt1oif, vendoi of the riia
ii: stak)[ij)rnent.
0 "E�mp�oVee"sh;,flf In can aliv
°f Vifl(:a is hITIC fit
fian...the [.os Aqqlep CountV I lealth Depai4rnelit
j �ponsible for inspectsi-ig massacle cstabpi shrnents in [.)own0y, or his or her
(a)(e,, , "Massage" shall have the same definition as "massage services," as provided in
Downey Municipal Code Section 9402.04(l).
(b)jr* "Massage establishment" shall have the same definition as provided in Downey
Municipal Code Section 9402.04(L).
(cyg) "Massage practitioner" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(J).
(d),(h) "Massage services" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(1).
(F -4j i '.P4:()' MassaaeTherziov CounicV shall
, C -
have the same definition as provided in Downey Municipal Code Section 9402.04(K).
(f)-ma�-,,F,�age sl'lafl fnear. ,,n vistil-oho?nwhich Inevtts
alk-k-��ast the kollov�,iIig c6terizia,
3 " I A
(1) !s ac-creditedby -a recogni zed state-air-flationa I a coredifing body
(2) Requires at least five hundred (500) hours of classroom instruction in the study of
anatomy, physiology, hygiene, sanitation, massage theory and practice, and ethics of massage
practice.
(Added by -Ord-,- 4,19; hy Ord, 104t-1"-'1-' arnended-by
CA -6 12ST, ado�-Aed 1-0-28 08)
SECTION 6653.1. PERMITS REQUIRED.
1#...rpri e or
--killy,massage establishmentT no parfanil fi,'�a&sage-SCNV G
othervAse-ao aii a nia,�sage 1,-)ramlibonpr ; within the City without first obtaining a permit for those
activities from the Chief of Police or his or her designee. Nolwilhstan6n(� lhcprovisions o'this
Claraotr�f" 0 ma4 rj e )r a tflrra -iors wl rfj work as
in(Jeperwfent contra6-0rs' nlusl obtam a business license from the C4 of Pow ie be fot,e
comrnencinq any con-Imercl,"?,1 ac vt
and
SrIPR'r" io .0 strand ard's se't forth' -p. th�"; N1 4�__Ntf' i�f
ith afl orovisions of 0.lis c
cif
ti'liW haptei. Wi.t11,111-1
, t(#ne
'V
'i a w..e, (Added by Ord. 419, adopted 5-8-72; amended by Ord.
1049, adopted 4-28-98)
of 0-1i'3 chapter Shall 1101ath
Kinwhere n emqf) - fithin e
-jo the foHowinq_pqL
qqpe of their req' ['p dt'xties"
(a) ®# lac pro0sions of this patt cha shall not apply to cosmetologists;, ft�jo barbers; er-,J,1110
C
are dLPIY lkcr!ISEXI bV the 81 C)f ' tia Ir Iain orovision shal6 apt?1Y soleW 10 th"
rn sa i� q
'E4S� __ RD _9t the neck, face, and hair of the CUStOMOT N' CfiI 'Flt,
The provisions of this Chapter shall not apply to persons 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 his
or her license. The requirement for a massage establishment permit shall not apply to
massage services which are accessory uses (as defined in Downey Municipal Code
Section 9122) to the practice of cosmetologists, barbers, or persons licensed to practice
any healing art under the provisions of Division 2 (commencing with Section 500) of the
Business and Professions Code, if the accessory is contained within the same structure
as the primary use, and meets either of the following conditions:
(a)-(11.) The accessory use is by no more than one full-time permitted massage practitioner
providing massage services to no more than one person simultaneously; or
The accessory use is by three or fewer part-time permitted massage practitioners
A.
sharing one work station, and that work station is not used simultaneously by more than one
massage practitioner to provide massage services simultaneously by more than one person.
(3)For the purposes of this section, full-time massage practitioners are those who work thirty
(30) or more hours per week, and part-time massage practitioners are those who work less than
thirty (30) hours per week. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049,
adopted 4-28-98; amended by Ord. 1237, adopted 10-28-08)
proViSj()�rIS of tj_jj'r� ieni for obtainin�ri a oennit to
(c) The 'ote�, as it relates to 1he f'o Ui�-en
• . I A
''p an 01,x ---'rat vvho pro,,J,,JeT, evkh?.pce of vakl
cortificafioij lav the
SECTION 655 0, CERTIFiCA'IO N REQUIRED
(a) It iS U111aWfUl for any person offiet, state ceilihed to
Dp9e it) the convnerci I p 11a L'
-11-1--- -.al �'_yiogice of i
(b) It is unlawful for any person to own, operate, or maintain a ry-14 ibfishrnent
ysoner9adngjnj'wi sa
r of o n I
(c) it i,, kjnl�--i%,ful y)ranv owner or ernployee tsl ch'afqg_ r Confi-01 of a
to
p o
_pgrson who is not currently a state cei ma,;sciq _yofc,ssi nal 0 I
irl the -11 Ilercial jr)FACH(` N"," ol he e establt,.�'Jr'
lagaoe A Of e of I Qt'l
11 ---------- V -1--l-11
LOCA'110KIS FOR MASI-401, E
(a) It is unlawful to engage in the commercial practice of massage at any location other than
a massage establishment established and operated in accordance with the requirements of
federal, state, and local law, including but not limited to this Code.
1equires qj-')th16r)g Without fir9t ob('aininga WLittcn Gowrnunitv
Dgar eloptnent Depprinief1'r t1j,
fi the establisht nent qonflgL�� rrxjuk--�nis of this Mode,,
UO'St fW a I)USitles s ficei rse- the owner or operotor shah submii a situ Plat to the
Developrie11Departrarent ("o -L2 -
SECTION 6554. PERMITS: APPLICATIONS.
Applications for permits to operate a massage establishment to perform massage services, or
otherwise act as a massage practitioner, shall be submitted to and on a form provided by the
Chief of Police or his or her designee. The application must be typewritten or legibly printed by
hand, and must be accompanied by a filing and processing fee in the amount set by resolution
of the City Council. Illegible information will be treated as incomplete, and may therefore serve
as grounds for denial of the application. The application must be submitted fully completedj':v H
�Lelsgls recjuirc'd to pnss a b?'(kqypt'ffid chook, and must include at a minimum the following
information:
(a) An accurate statement of the business, occupation, or employment of the applicant for the
five (5) years immediately preceding the date the application is submitted; and
edrwafion rerl i i 4rne tits; fraaa
currerit rnwnbC1TGhij--) 44-P professional mass agefson-i afic-asst'xxl-0'tion- and
(d)Lc A list of any conviction(s) of the applicant in the five (5) years immediately preceding the
date of the application for violation of any of the following sections of the California Penal Code:
266i, 315, 316, 318, or 647 (b); and
(e)fft A list of any conviction(s) of the applicant in the five (5) years immediately preceding the
date of the application for any offense in any other state which, if the offense had been
SECTION 6554.1. PERMITS: INVESTIGATION ISSUANCE. GROUNDS FOR DENIAL OR
REVOCATION.
Completed applications for permits to operate a massage establishment, to perform massage
services, or otherwise act as a massage practitioner, shall be reviewed and investigated by the
Chief of Police or his or her designee. The Chief of Police or his or her designee shall use best
efforts to complete the investigation and review of all applications within ninety (90) days after
submittal by the applicant. If after review and investigation the application is found to meet the
. I 1 0
UY-Altel 0
criteria of Sections 6554 and 6554.1, the Chief of Police or his or her designee shall issue the
permit; provided, however, if the investigation performed pursuant to this Section 6554.1 reveals
that the applicant for a permit is charged with, but not yet convicted of violation California Penal
Code Section 266i, 315, 316 or 647(b) and/or California Health and Safety Code Section 11054,
11055, 11056, 11057, or 11058, the Chief of Police may choose to take no further action on the
permit until such charges have been dismissed or the applicant has been determined to be not
guilty by a court of competent jurisdiction. Written notice of the approval or denial of the
application shall be provided by mail to the applicant at the current residence address provided
on the application. If the application is denied, the written notice shall contain a brief explanation
of the reason or reasons why the application was denied.
The decision to deny or take no further action on an application may be appealed in accordan
with Section 6404 of the Downey Municipal Code. i
Applications for permits to operate a massage
OtJ'JerWiSrC- -�Jrt ra,,, a may be denied or revoked for any or all of the following
reaso,is:
14 1 r -A IN 11617111 wr-m Lei 16-ILSJ E,
(b) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for any offense in
any other state which, if the offense had been committed in California, would have been
punishable under any of the following sections of the California Penal Code: 266i, 315, 316,
318, or 647 (b).
(c) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediate
preceding the date of the application, or during the valid period of a permit, for felony violation
any of the following sections of the California Health and Safety Code involving sale of a
controlled substance: 11054, 11055, 11056, 11057, or 11058. 1
(d) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for any offense in
any other state which, if the offense had been committed in California, would have been
punishable under any of the following sections of the California Health and Safety Code
involving sale of a controlled substance: 11054, 11055, 11056, 11057, or 11058.
(e) Failure to submit a complete application, illegible information will be deemed to be omitted.
For the purpose of this section, a complete application is one which contains all of the
information required by Downey Municipal Code Section 6554.
(g) Proof of any revocation, suspension, denial, or other voluntary or involuntary surrender or
termination of any of the permits or licenses listed in response to Subsection 6554 (k).
(h) The existence of any outstanding warrants for the applicant's arrest, issued by any Federal
court or the court of any state.
. I A
(i) Reapplication within the greater of: six (6) months after a previous application from the
same applicant was denied; or within the time period that the ground(s) for the previous denial
may still be considered valid ground(s) for denial under this part. (Added by Ord. 419, adopted
5-8-72; amended by Ord. 876, adopted 1-10-89; amended by Ord. 1049, adopted 4-28-98;
amended by Ord. 1099, adopted 4-24-01)
6564.2 BACKGROLMD CHECK REMEMAL
fa) Apy -I lter to obtain baqk�, �p�lnd check appuwai shall submit
pt�rson Ndj)y Ih ch�
qnEapplicatiara for ienewal to die of Pok. -,e or his oi- ICI_ de'SiM161C Flo 'Sooner (han 0_�1.q,
and no later tharl 45 ivicar - t,
Irl" th(�
A renewal arx)lication l'i-just be accorflpaniecl In oroof of wyment renewpt
fee q,;tqbliShed Iry COMIGH P3sOlUti0r) and the information and iterns roquired foFarl
rasirritraat aptail cafi(air alc, [2t 2-
_pp Wrfifiona� PL,( or flno(,-"',t if
ven.;ions ofthose, already on file Wifl-I the Gitv,
-------- ---
GtlLL°c* renq',M'�l b(�" r0Vi(.'1%r%fed in file &amle rnannerrand on
arjjje s a
Qj' ation.
"0" k U!ML CH7PCK RE V
(a) A pteviou ly or rc ed
-,,new ba 1fgrgqn,dcheqknta bc,-,,ievoked_if eithec
2. The background check was approved or renewed, in whole or in part, on the basis of a
material misrepresentation or omission.
Cll�te lijIle-, jjl'Jt -evocation (--�xist, P, Notice of F,pvocation Shcdl
fo
a
mat fj)e locaflonof ;;-A ov'wed (11
op(Lrg ed 1;�NLtLir 1(qant and
L
--�bfied mail and 1-c"gulal maii, addressecl "icy the
'enV of Pie noficejtlly,S,(� r
2oplic,ll t P,' th(o -,)CfClreS$ that 0,
�pea 'u on th(i IRtelt The Notice of Revocation shaIl
,tate the basIs for revocation and lndude a cor)v of I ifs Sepflon, a.The,,apvAcant F11TV SUbmltjo
the Cit. v Clerk rA U(MM f0I 8 lay) -a0 nq_L)qj later than 10 days ref the, date of the Nofice of
Revocation. I hC,' l-eqUErM t11USt bC rllrldt_if I Writ0c' It the falls to reQuest a "lic;rtrrrrrt
vdiffi4i 10 day§ oaf the da,'q of 'he Notice of revocation shaH be final.
trtt SLIbIllits,yl W1101V reqUest for a hearinc VhO_hearing Iall be schoduled to
-,, a
rot J,
Ha
n.3,Cdayaftu --,r rece I 'in !l fled- - Notice of the Ww : I )LI face of the
lar a,) ,�
-Vicc - ifie qul'Ir mail,
ball be, given to the, am)licw i hV,_r'q "onai seq o� via cel tit€ -'d ll'mil �.'md I -e
Pr' -epaid' at Ie'ast 10 clays ii i advance of the s(at for the heajr.i&q.
W) 'I he chi i. of Puli(;("� or his (:)rh
fl!�Iic109�(-� _qkorlgW[Lh f.he Gitv Planner, shall conduct th
!ie
'l'be GbjC'f of PoliCor af-ICI City f IF fl_�Jjer
�,,�iijnq a�JCJ �_eceive oral testi III ony2wy�� otheiid
, evenge.
shall rlot be bOLInd L)v the stotutory, �yiderlce a file c.anduct af—the,heariN, C__1XC1C__1pt fhat
"'jY oVjdejjC,.e 1-111 be - Y not ti ie sole hasis for rf.v ck qt�oqnd check
(e"Jp The Chief of Pol-cp or or her. de,rg;jgqee, Wo!: g,
the jity E!gnner, sgall rnake,� th6r
deterl-nination baw:,,d Of-,jqn the, evidence pff,,��q_Lited in the record of the he,�arincj and witWrl 15
aVS of, tj_ie conchAsOn of tile heaI o in written
_q..__TJ1'-e.de(.-, �Jon shall be iri writing �qd shWi conta
-ve
of tet
and their conclusions. The debsion shall be set d upon thn apjAcantL,
619 1 0
U-11MM
11clqjna� sennco or Aa cc741Jfled and sent to the arldress of tVR,
qpPIicant Contained in the apillLkg�ion. The de6srni shaH 1:w� effecfive upon r)ersonal service Of",
if sc-rVige is by 11 Irl4if, Jhen 2 lbusli dgy,,,ifq#�qwn!3 depp�4vvifl i the, Umted States PpstM
6664.4 APPEALS
(a) Any od n k
oppision i , e y��r revoke bac ground check approvai or renewal, aflklli a hearinc
I1asbeen held With Chl(rif-of Police and City Hannex. ma, _beapp_el a b the, fat [Aicant in
@�(,.cordance with this 'I qwst be filed in Writing yvith the Qit\Clork not later
than 10 days
-�cifv the basi Jor -1f, e ap,tp -aid the action r,egr ,!ested. If nc suchjLl, �11 is L tinleIy ilg
-- the
dedsion shaH be final,
(b) If the @1, nt submits a firnel�' Written aptqa
_AY
tu-_f A!jq _gn the atwealis ()GU.rF not later than /15 tl a aften rec'ek If i a apro r# Iraci¢a
of fhe
!irrie and phare of thef rear it axe '61)j J)e 9rV(_as -?ersonal s(:,�ranus or 0a corthried
mail and ireg.ailar mafl, posta,(,,ie or eoard, �;,A least 15 (1@ in advancr ! of the d, --,Ie sot foi the
n
fcr 'I "Flie hepn(� on the stiali 1")e cf(-,, novo� J h(.- Cftv Manag!r,,pf hs or her dosicInge,
shall w;t as the, Heari c Off f(,er and shatl receivo oral testinlo, ly 'It!
shafl not U(bound bV the ofevrdenrc�t in lhe coindUCt Of the
.el)t that hearsay ovidence, the of basis tot- revokin Baer fOUnd Ch(,:�ck
Tho Flearing ("Micei shall niake his or her detern,iination base(tttfton the e0dence
-pd in the record of the 115 days of fl'ie conclusion of the I-e�
_�jt 11- - ; 11-1 - -I,--- - Mp
clecrsion sh,,,flf be w vvrilinq ean(l shall con'tain wriljen find'n s of fact and hsor her ..... conclusions.
. .... . .....
The Hearin(
Officer's decisior-i shrWl be sr-,,rvotJ Upon the app tl�-T!tjay Sparr l service of via
certified a tid.-j:e 1OLI:L _k4� )�L p e pe, ent to the, addie-.,,s of the apt.)flnarit c(.)ntainerl in the
qo� rE _L p
j, !Jd c
g
-V�c f�pjicafion� The I- leaf ing Qfficer's decis-on sho,11 be UJ)011 oel'SORDI SE-Ireiceor' if sef 'e
(s_�y inail, then 2 business, 'd Ry§ f'oflo.wil),q wfth the UnRed States PostA Servil,,o. 'The
de,,,-Ison sh".A be finzfl and ron(.1LMhfE,1 and s,hafl not he to the CK tour i(A
A*41 I Is •
F4'3iGh to-WhOnl a pernrit tc? opor�:Ae a-n,�ac,xsaW--. restabIishAleflt is
o
ft th peraf ion jrr.-j-,,?,,G(-,()I.'C-�',,11-1(-;p -We e- JHowing regulations',
Fach mass agg, operator is, reguired to obtain � I_MSiness licr,,,nse anci.,j)ript to
issuance of a businesr', kense thf-� operator Provide a business plan, aIorlgwslh as Wig
pLan, to idpriOty the-, establishment will opeiti' e in cornp
.ji,ance with all,r,ulatioris set fix,th inn'his
(a) No person shall give, or assist in the giving of, any massage to any other person under the
age of eighteen (18) years, unless the parent or guardian of such minor person has given
consent thereto in writing.
(b) There shall be erected and maintained a recognizable and readable sign posted adjacent
to the main entrance identifying the premises as a massage establishment. All such signs shall
comply with the requirements of the City.
ORDINANCE NO.
PAGE 9
(c) Each permittee shall post in a conspicuous location upon the premises for which the permit
is issued:
(1) A copy of the massage establishment permit', when rcxiuired; and
flic nanies of those persons oroxrid n sa 1 g to ", t ii d0 J()G�,tjjojrj for
whorn a rylassage pracUtioner permit has been issued- The Califol nia Wssi-,)c e Therapl Qorpwil
Ceritficate.and photo(traphs for each ifl-e M"'4ssqr)�
(-_,stablr,� frl me tit must be disolavrd t.xomnenfly_Qqrtlle prer T'IiSes In a location that Can txre"13dilly
yiewed bV customers oi- QjtV_ T-,,,,presentatives
bw,js4-K-ss (icerr,Be 1'-'Teforp co,,-nr'ner)c;inc worariv
k t amassaqe estat.A�ihrtlenlk loc�,-)Uon o� atri
1
"U,)/ L_jSe 8S Sr
0CZ1fl0H W110fQ j?gfDIME)d aS o tJon 6553.'
6555.1 Massage Establishment Operatinq_ReAuirements
(,a) A list of,all l .lsqns providin(A massa
at the establishinont, 3 h
hopi the California
csns WH tak-,_,� name, Pilo Other a c-'d'-photogir pll,
C 'ouncfl, must bp_ j?!-g\�LdgcLtgthe�Dlreclor� AFIV-01o}1OPS to the Persons
orovidinc -k3 °r triust 1-,)e ff
to tile Director vfithifl 10 workirg d",',Ysi Of Such
A list Of the serviccs provided lo the public, and I
L k es acid nilin4 n,�n ijqtjqts for c,7.ich
must be available to thq_qLdAo in a Goilspi LLqus location on'the premises,
J�: re,-,.cnJ of the data and hou, of M
�s llilrshryl( I t rllusl keep 'rNRN
asl tie, and �ddrcss of :araptre name of tile State, celiffind 11 _Tqaaqg
ial adn-0nisterinq the niassage and the fVpo of rare; sa e adinirilstered, 1he rocords
niust tw" nna4itained for a �)criocl of 2 yfprj;. Chilv those offic
y
-o �Jd 41folffl,-.00tr ShPlif he USel(I for
eilf arcein a tit of this cl!qj;�tp-zr inspoct these i -(;ordt��
oftfliS Cj)aj.)jer. No wassor or
gllflpl.m��e shall otilize the r(,,,cards m an rrianner, unrelated to ef1tC)rr'ef-rlC_lli Of tali'
11-,errestiafl -tj(j k-,kt_oVjjje(j ill f7eonlor-f.)m-flan of a
provided, suffid'en't fightim.9 i-vzd venii[Mion as required by -dais Code,.- Adequate venfilation arld
iAt;Ibltliocjr,jllrASt I)' provided thWi](0100 thO Df0W:iSes_ insist be in
Untform Buildin Code 0"ection 1105. L tn -,t 41 w4h Nafiona�
W, - _k1hi_�umi,r
Code, Article 220,and at least one arlificial fic [it of not less thal 1 r' 0 watts must be,
ea ,h 100411 G4 Qrl(,,iOSLlre desiqnaLed for aiass, e.
-id
Each room Or aroa, irl whic' a f,
�-i 111LISt have -a. tabic desiq jed y
rat QarrfaGtUred lot 9-jrle
'djG,)l of 11
IaSS�,te3C' U �es, No or beds arc, aHowcd. Massago
erp _t ,�JZAI
tables niuf�,t be covpred witl t`?�!�!f�-!11'1ck-30' durablC:� ofastr(� ot
t9jl�),e OfftC:er'
�(Q) (f) T[uere, ha 11 -,i ---xi P; ovaded_anfd maintai?w.d a,,.1eqw*, aild
�Ar jjjj'
rnasmage senfiGeS� h)Sti'Lirnents l,rtJ1i/_edj0_rT,. qn)-ill'i
N
r-11LISt not be used on nior(,-than one cristomer t,iritess the fi-ave beenj>�(q),? -
p E! Y_
'pr disinfectilIq ;rilizin -Lyme
between uses, Adequak, q 0) �)njp,LiLt _q insb ��rrts us( d in
ste
pertorroinq the act's of massa e rilt rst bem
ttjgj)reise�5,
J
III !I IT111101111MVIT no -MM9 MW. "m ma
ORDINANCE NO.
PAGE 10
facilities for patrons.
(g) Ch), Physical facilities for the massage establishment shall be maintained in good repair and
in a clean and sanitary condition. Warm and dry heat rooms, steam or vapor rooms, steam or
vapor cabinets, shower compartments, and toilets utilized in the operation shall be cleaned each
day. Bathtubs shall be cleaned after each use.
The'r-(- shall-t)e provided clean -arid sanitarV towels-tend fine for each patrom 1 he
-k-We4, clr-h-ne'r')'s sheil 4-101 tw-perrolttexi' f �'ach lmlssaqe� estobfic;hrilemi morst be
e(.'juiplir: d at all fill,jes, with an @d0QUE-lif-3
0 (:,C)v r g, nd linens.
(3,1ean towels� minsi be Mored in qqhinet s. Towels and HnenS nlList not be
risen; on rnore than(Ai-StOM01- 01 Clielli, UrIless thp -si bc-'!en 13LIfidpred and
disink-,Uedist sable towels arld coverings must not be used on more than one UrStorner or
client. Soiled lillons and papff t0VVE)IS iflUSt be der?qsi ed t it, 1Se *1.1-11'r
11a e-
(i)(-) A separate washbasin shall be provided for each portion of a massage establishment
wherein massage services are performed for the individual use of each massage practitioner.
Such basin shall be provided with soap 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 washbasin sanitary towels placed in
permanently installed dispensers. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049,
adopted 4-28-98)
M TWO 0I- t',10VC CUSIDIM-N Mo bQ J)FOVOO'd, Ina ri 11 oil if r -- Y,
C 'S' -Ptp --fljs prr -)nt in'the roon-i at @H times wide ther customersm No
'S atle 1�t
othc,'f tigin receiving.,,, iris of a ininor who is rec
age' ,and thos'e a in ss e shaH entor of, remain lthin a room where a
rri
l;j bei0q'qjVqA (akes pj�,CC:e,
Shall 0-"ngaqe in ativ of thes followinr F&-�xural ar(;1Mtie,,i on the offhe
fondlifig,or other erotK; touchl,fiq of specified areas: Sex
(3 Q(JOrilly Orijr as
acts lifflitatiO 1, ii1t -00Ur50` 0 isturbation,
1 f"I S
011) No okpr i(f, o&
r iii0(
Ct011 ()f rs fi)aSSa
rb lar
res or I lei, Sj)eclf-led anatorrlicA areas In thyro J'-)resence Of ariv cuctofriei- of QLU-Nit or make
intr,-"nfionql pflys4 contact with flee speGffie'd anafofnica� areas Of any_r!Llst()nler orqr"est'
jriust be- ful1v c\e
ored at all toNShall te& o person all n-ta Ssrl gip,
the nenikils of any rustarra r. No person shall nrassaria _ggy
jnaire, cuslloaier' whose ble.as1s,
are not c
-L)' a Sheet Or other waclue Clothing, No l.jerson shall niassqge anv fern ale
custorner's breasts..
fp) Ali eml-.-,1oye
pb.rnusi- be dre�ssod 41-rk-38rt, qj'aqye oUter. -;nts c.ovenliq file hody ti l
iS_
knee to neck, excerfing hands and arms, at aH timh
es wHe on the 'S
fp) FGach em pqyep
�- must try prm ovided individual lockers I the J2!-(-"njSe5 Of tho nlas�'acjq
estabHshi-nent,
1a r;on la ll enter, be
-,,pr remain in,qnK_pa[1 f � rnasFoy- qs'ab1kihlri6:,,rit
piL, essian of, consurninq_Qr Irg,-iDg alcohok beverwies 01' C01111-011ed SUbStaMeS. except
sfIt to ,
.:I jpreSGrjt)fioj
i for rnedication. I -a owner, oq tqr, responsible 1-0,91-
illust not allolev ally P(�F'S'M lnMiation of tNs subsection to Pnter or
ren,i2m upori the oreirnise's.
No massag�s�c Islishniont sfgall opertate as aschqo� of niassaqi�, use the ser=e,
fac�fiHes, as thosc',, ota se,-,,hoo� of massaqe,
-Iqo III A,) Ss ij�!ishmpnt shall place, pubfish or (fistribUk, or- so direet or j2c-_��a iL
..Y
1verflsirtc n-tafter that de-
'�aids any specified anaton-Jc.,,4 areas as defined n Secfion 940104 of
/4AdUe IX
extenor doors shall rerrrafn unlockf,,d 110LU-S from the Inti rlorsde
�2xcepi when no staff is avaflat* to ef-ISUre the, s cur t c)f cWnts and niassaq_q staff who are
behuid c1os(-,,A doors.
he Building Official and the Fire Chief (or their designees) shall inspect the premises
proposed to be devoted to the massage establishment and shall certify, on the required
permit application, compliance or noncompliance with the regulations set forth in Section
6555. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98)
(a)(b) The H4µ}aflvl ('XficerD
ar c ev r n a
outhcy,ized �JUA
I`�KIrll tri COdQ thiS e'sfftiGO
-
th is Chra Y.I%pr derail nif eAcl I mvp he _11gl1i J() -ar)y rat fC)f tile
i:iplpose of onsudi qr,c,,c r)pliance 'Vrfii all ap
C,
C)I`ili;:ZtiorIS pit afIV tiil_�e tli'r)'
the eFtp blishi n e lit is
11f,1151 I 1!:11irna
R1 PIN *11*115 111 L115 ^1116eleb t-r#11111j', 1111101ell"I U10 %ALJ'1VI RI(IFITIlej, 15 luGateu. M"W"""M
certain commercial establishments in the county knowingly allow, and provide facilities for, their
patrons to engage in sexual contact with poses a significant risk for transmission of the human
immunodeficiency virus (HIV), which has been associated with AIDS. Such contact poses an
unacceptable public health risk which must be eliminated.
(b) Definitions. The following terms as used in this ordinance shall have the following
.meanings:
(1 a) "Bathhouse or similar commercial establishment" specifically includes any business
meeting the definition of either "encounter center, sexual" defined in Section 9402.04(N) of the
Downey Municipal Code or "hotel or motel, adult" defined in Section 9402.04(E) of the Downey
Municipal Code. "Bathhouse or similar commercial establishment" also includes any business
. . . . . . . . . . .
MEN03333m=
Mfl1LE== �
(iii) A communal bath;
RDR 1017117 MET M, = M I G M Z Z 0 M EMET-51 11 ME I
*M 0
IzVrI
(1 b) Excluded from the definon of bathhouse or similar commercial establishment shall be any
hotel or motel, as defined in Subsection 4 of this section.
F F IMN
W 11 1 - mpmn
1 9 1 * 1 0
10MIMMUS - .1 oil
UUTUR)p, Me culmy Maul 13111cer OF ine fleaRMOWCUMi Me ULy May arriena Me 071111111un Q
restricted activity when in his or her opinion, such a change is supported by the then availablit
scientific information. Any such change shall be effective only after notice of such change is
given to the City Council and is published once a week for three weeks in a newspaper of
general circulation in the City.
NA111, "Tuitil .2405upluapilluire U1 Ming MUNIM 110,111 111rd I niess one or HIM 131 ine TQIIUI!Z"
applies:
(i) There is an opening no less than five feet (5) nor more than six feet (6) above the floor
through which the full interior of the enclosure is viewable from the exterior; or
IT, TITMA 9 "0 1
(iii) No more than one person at a time is allowed to enter the enclosure and there are no
openings between any adjoining enclosures through which physical contact between persons in
such adjoining enclosures is possible.
(4) "Hotel or motel" means a commercial establishment as defined in Sections 9136 and 9146
of the Downey Municipal Code where all the following requirements are met:
11224 1 1! 11111 MIMI I IT III � T1110 II! I I I
r(IUMIMMMS @11111TOUT-TITWI11,1111111 I liF11:111111VEM =0 rm ffg t ne"a r*.T*.i , =*- n r =*- i
(iv) The establishment complies with all applicable state, City and County statutes, ordinances
and regulations controlling the operation of motels or hotels, including, but not limited to, Los
Angeles County Code Sections 11.20.150 et seq.
(c) Public Nuisance. Any bathhouse or similar commercial establishment which maintains
any private room or which admits patrons who engage in any restricted activity anywhere on t
premises is declared to be a public nuisance.,As sUch,- bathh%lse and sin 01ar establishments
prohibited.. I
(d) Abatement. The County Health Officer or the Health Officer of the City shall take all
this section. The action of the County Health Officer or Health Officer of the City may include,
but is not limited to, an order that the bathhouse or similar commercial establishment cease all
operation and not reopen without the specific written approval of the County Health Officer or
the Health Officer of the City. Any operator of any such public health nuisance who fails to
comply with any order of the County Health Officer or the Health Officer of the City shall be
ORDINANCE NO.
PAGE 13
subject to all the penalties provided in this Code or otherwise provided by law. (Added by Ord,
886, adopted 3-14-89; relocated and renumbered from Article VIII, Chapter 7 by Ord. 1010,
adopted 12-12-95; amended by Ord. 1237, adopted 10-28-08)
SECTION 2. The following, Section 9314.04, of Article IX of the Downey Municipal
Code shall be revised, and shall read as follows:
General Commercial Uses
Massage therapy NP NP C C C NP 13,u pie ct tee standardsset
establishment forth in Chaptpi s [ic l-
V� of the
C'
SECTION 4. The following, Section 9402.04 of Article IX of the Downey Municipal
Code, shall be revised, and shall read as follows:
G) "Massage practitioner" rRhafl-leave tf-fe a-providk,)(1--in Downey Wmicipal
ode- Se(Aion-9402,04(J):T �I_r�_�tM�;at st t. t t e � i:i et .ill x ,a c:� l " ,r tit r � s ��.
lk l CIG i 9d� to �c'CttC it /;,501 c)f C"IF, r i nr
chi@'�/ ""a,8.jGC:B=�".�",%kY' St,'" te.
(k) provided in
;`�€��OLJ �1)e ��
^7c r laar tik-p roan :est bfiC'hP-dJ11" sine ss Rz Professions n C'ode SreGfion 4602,L,,t. i ;gg-y
out the respoir sibiiitie s dL ties set fpMi in [3usiness , Pr temons Coe,-io 3'eC i CJS C)0'J
throuqh 46,21.
SECTION 9. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 10. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day of 2019,
F.11,101*11
Maria Alicia Duarte, CMC
City Clerk
STATE OF CALIFORRIA
COUNTY OF LOS ANGELES SS
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the — th day of _, 2019,
and adopted at a Regular Meeting of the City Council of the City of Downey held on the _ day
of _, 2019, by the following vote to wit:
I FURTHER CERTIFY that a summary of the foregoing Ordinance No. 19- was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
2019 (after introduction), and on —, 2019 (after adoption including the
vote thereon). It was also posted in the Regular posting places in the City of Downey on the
same dates.
Maria Alicia Duarte, CMC
City Clerk
r• • r • i
- • r r 1 t
- • • • • •• r•• • •
SECTION- Planning Commission of the City of Downey - hereby ,
1.
determine and declare
A. On October 9, 2018, pursuant Section 65858 of the California Government Code, the
City Council of the City of Downey ("City Council") adopted Ordinance No. 18-1399,
an interim urgency ordinance, which temporarily prohibited establishing new or
expanding existing massage therapy establishments for a period of 45 days; and,
B. On November 13, 2018, pursuant Section 65858 of the California Government Code,
the City Council of the City of Downey ("City Council") adopted Ordinance No. 18-
1400, an interim urgency ordinance, extending the temporary prohibition on
establishing new or expanding existing massage therapy establishments for a period
of 10 months and 15 days; and,
C. On August 8, 2019, notice of the pending municipal code amendment was published
in the Downey Patriot as a'/8th page ad in accordance with the requirements of the
Downey Municipal Code; and,
D. The Planning Commission held a duly noticed public hearing on August 21, 2019,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Municipal Code Amendment is exempt from review under the California
Environmental Quality Act, Public Resources Code § 21000 et seq. ("CEQA") and the State
CEQA Guidelines, 14 C.C.R. § 15000 et seq. because it would establish rules and procedures
to permit operation of facilities already permitted to operate under existing law and make
revisions and clarifications to existing regulations and procedures related thereto. The
amendment would not have the potential to cause significant effects on the environment. It is
therefore categorically exempt from further CEQA review under CEQA Guidelines Sections
15301, 15305, and 15308.
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The City adopted an Interim Urgency Ordinance on October 9, 2018
and adopted an Extension of the Interim Urgency Ordinance on November 13, 2018
because there was concern that the potential impacts of massage therapy
Resolution No. 3101
Downey Planning Commission
establishments threatened the preservation of the public peace, health, safety and
welfare of the community. The proposed Municipal Code Amendments introduce
regulations that establish approval procedures, operational requirements, and sets
forth inspection and revocation authority by City Officials to ensure massage
establishments operate appropriately. The proposed regulations, operational
standards, inspection, and review and revocation procedures are incorporated to
ensure that potential effects in public health, safety, and general welfare will be
mitigated as much as possible.
B. The proposed amendment is in general conformance with the General Plan. The
proposed Municipal Code Amendments set forth review, approval, and operational
standards for a sensitive commercial use within the City. General Plan Program
1.3.2.2 — Adjust the codes, policies, and regulations in response to changes in land
use trends. The Municipal Code Amendment addresses a community that arose after
several outside factors occurred. The State of California adopted SB 731 (Chapter
384, Statutes of 2008) which removed some local authority for regulating individual
technicians who were certified by the California Massage Therapy Council. Many
cities began to see an increase in massage establishment uses after SB 731 and its
subsequent legislation. The proposed Municipal Code Amendments are consistent
with General Plan Policy 1.3.2.2 in that staff has evaluated the impacts of newer
legislation and proposes to amend its regulations so that the community is protected
while also maintaining compliant with state law. The proposed amendments will
adjust current regulations to provide more protections for the community and provide
guidance for genuine massage establishments to operate within the City.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council revise the following regulations of Sections 6553 through 6556 of Article V1 of the
Downey Municipal Code as provided below. New text is identified with an unde- dine and red font
color and deleted text is shown with a stFikethFough; the amended regulations are proposed to
read as follows:
;gECTIO11% 6553. DEFINITIONS.
For the purposes of this part, the words and phrases shall have the definitions listed below:
I I 111111111 �11 11 1111111 111111111 11 IgI 1111111 g�l 11 Jill 11111111 111 ii� 1111, 1 1 ii,
.(b) "Customer" shall rnean the sarne as "Patron" which shall mean anv Person on the
jremise8,of a massaae esta lishment durin 6,166110W Ph*-;s--#ot 9-t owie[,
I I
101� M-1- 01
1 0
(2)fg.j "Massage" shall have the same definition as "massage services," as provided in
Downey Municipal Code Section 9402.04(l).
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 2
Resolution No. 3101
Downey Planning Commission
(b)M "Massage establishment" shall have the same definition as provided in Downey
Municipal Code Section 9402.04(L).
(G)& "Massage practitioner" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(J).
(d)f!21 "Massage services" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(1).
WQi ' fess ional-masrageld &Gmat' sso6afiW"California Massage Therapy Council" shall
have the same definition as provided in Downey Municipal Code Section 9402.04(K).
(f) "Sohool providing massage instruction" shall mean an educational institution which meats
at least the following criteria:
(1) is accredited by a recognized state or national accrediting body,
,(-2�--Requwe&4t4east-�five4wr4dred45OGyhour&4--cl-assroGm-mstfuc,tion--4n4he-study-of
anato my,—physiolog-y-,-hygiene,--safiitatioRv4passage-t-heor-y-and--pr-artice-7-and-ethiGs-of- massage
PFaGtiGe.
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98; amended by
Ord. 1237, adopted 10-28-08)
SECTION 6553.1. PERMITS REQUIRED.
No person shall operate any massage establishment,—nor-pe4Grm-massage-services--Gr
2 �,9XT#P4.14FIffV
activities from the Chief of Police or his or her designee. Notwithstanding the Provisions of this
Chapter, all massaqe establishment operators. and massaqp_practitioners who work as
independent contractors, must obtain a business license from the City of Downey before
commencinq_pn commercial activity within the City. AH new massaqe establishments and
niassaoe practitioners are SUbject to all standards set forth in this chaoter. All existing rnassaqp
establishments and massaggSjactitioners must complX \MLtbAll Provisions of this chapter within
Iwo vears of adoption of this Ordinance, (Added by Ord. 419, adopted 5-8-fi., amended by
Ord. 1049, adopted 4-28-98)
SECTION 6553.2. PERMITS REQUIRED: EXEMPTIONS.
The provisions of this chapter shall not aply to the followinq persons when enqaqed within the
scope of their re§pective duties.
LaThe provisions of this paFt-chapter shall not apply to cosmetologists; and barbers; GF -=who
are duly licensed by the State of California. This provision shall apply solely to the massa in of
the neck, face,_ and hair of the customer or client.
� cal -
(a)()._._ The provisions of this Chapter shall not apply to persons 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 his or her license. The
requirement for a massage establishment permit shall not apply to massage services which are
accessory uses (as defined in Downey Municipal Code Section 9122) to the practice of
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 3
Resolution No. 31O1
Downey Planning Commission
cosmetologists, barbers, or persons licensed to practice any healing art under the provisions of
Division 2 (commencing with Section 500) of the Business and Professions Code, if the
accessory is contained within the same structure as the primary use, and meets either of the
following conditions:
WM The accessory use is by no more than one full-time permitted massage practitioner
providing massage services to no more than one person simultaneously; or
MQ The accessory use is by three or fewer part-time permitted massage practitioners
sharing one work station, and that work station is not used simultaneously by more than one
massage practitioner to provide massage services simultaneously by more than one person.
LQFor the purposes of this section, full-time massage practitioners are those who work thirty
(30) or more hours per week, and part-time massage practitioners are those who work less than
thirty (30) hours per week. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049,
adopted 4-28-98; amended by Ord. 1237, adopted 10-28-08)
(C) The provisions of this chapter, as it relates to the requirement for obtainina a permit to —
operate a massaqe establishment, shall not applv to an operator who provides evidence of valid
certification by the California Massage Therapy Council.
SECTION 6553.3. CERTIFICATION REQUIRED
(a) It is unlawful for anv Person other than a state certified massage professional to eqgacLe
in the commercial practice of massaqe.
6553.5 PERMITTED LOCATIONS FOR MASSAGE,
(a) It is unlawful to enpaoe in the commercial Practice of massaqe at any location other than
a massage establishment established and on�rated in accordance with the rectuirements of
federal, state, and local law, includinq but not limited to this Code.
(b) No massaqe establishment shall be established, expanded, or altered in a manner that,
requires a building permit without first obtaini�jg a written determination by the Community
Development Deoartment that the establishment complies with the reauirements of this Code,
Upon request for a business license. the owner or operator shall submit a site plan to the
C-ommunitv Develoqment Department depicting how the establishment will comply with this
Municipal Code Amendment(Massage Establishments) 'PLm'13-0O118
August o1.ou1e'Page 4
Resolution No. 3101
Downey Planning Commission
hand, and must be accompanied by a filing and processing fee in the amount set by resolution
of the City Council. Illegible information will be treated as incomplete, and may therefore serve
as grounds for denial of the application. The application must be submitted fully completed all
persons required to sass a background check, and must include at a minimum the following
information:
(a) An accurate statement of the business, occupation, or employment of the applicant for the
five (5) years immediately preceding the date the application is submitted; and
(b) ifs der Yior� icat , . i
i io f_rnini 4o e a ol- vidir sage ins -u rs;
and
(d)Lcl A list of any conviction(s) of the applicant in the five (5) years immediately preceding the
date of the application for violation of any of the following sections of the California Penal Code:
2661, 315, 316, 318, or 647 (b); and
WfM A list of any conviction(s) of the applicant in the five (5) years immediately preceding the
date of the application for any offense in any other state which, if the offense had been
committed in California, would have been punishable under any of the following sections of the
California Penal Code: 2661, 315, 316, 318, or 647 (b); and
Lej A list of any conviction(s) of the applicant in the five (5) years immediately preceding the
date of the application for felony violation of any of the following sections of the California Health
and Safety Code involving sale of a controlled substance: 11054, 11055, 11056, 11057, or
11058; and
A list of any conviction(s) of the applicant in the five (5) years immediately preceding the
date of the application for any offense in any other state which, if the offense had been
committed in California, would have been punishable under any of the following sections of the
California Health and Safety Code involving sale of a controlled substance: 11054, 11055,
11056, 11057, or 11058; and
A list of any pending charges or proceedings involving the applicant for violation of any
of the following sections of the California Penal Code: 2661, 315, 316, 318, or 647(b) and/or
California Health and Safety Code Sections 11054, 11055, 11056, 11057, 11058; and
(4 Personal identification information, including, but not limited to, height, weight, hair
color, eye color, gender, social security number, driver license number, date of birth, place of
birth, full name, aliases, current residence address, current business address, current residence
telephone number, current business telephone number, and a complete set of fingerprints; and
i Proof that the applicant is over the age of eighteen (18) years; and
Nfa An accurate statement of each residence of the applicant for the five (5) years
immediately preceding the date the application is submitted; and
Two (2) passport -quality photographs of the applicant; and
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 5
Resolution \• 3101
Downey • Commission
km)M A list of any other permits or licenses from any agency for the provision of massage
services, as defined in Downey Municipal Code Section 9402.04(l), or any similar services held
by - applicantfor period • • - five years- • . preceding - • - -
application is submitted; and
ka)Lml A list of any revocation, suspension, denial, or other voluntary or involuntary surrender
or termination of any of the permits or licenses listed in response to Subsection (i), above; and
kG)JnJ If the application is for a permit to operate a massage establishment, proof that the
applicant has complied with the Comprehensive Zoning Ordinance of the City of Downey.
0))Lol Any other identification and information the Chief of Police (or his or her designee)
deems necessary to establish the truth of the information supplied in the application. (Added by
Ord. 419, adopted 5-8-72; added by Ord. 1049, adopted 4-28-98; amended by Ord. 1099,
adopted 4-24-01; amended by Ord. 1237, adopted 10-28-08)
SECTION 6554.1. PERMITS: INVESTIGATION, ISSUANCE, GROUNDS FOR DENIAL O
REVOCATION.
Completed applications for permits to operate a massage establishment, to perform massage
services, or otherwise act as a massage practitioner, shall be reviewed and investigated by the
Chief of Police or his or her designee. The Chief of Police or his or her designee shall use best
efforts to complete the investigation and review of all applications within ninety (90) days after
submittal by the applicant. If after review and investigation the application is found to meet the
criteria of Sections 6554 and 6554. 1, the Chief of Police or his or her designee shall issue the
permit; provided, however, if the investigation performed pursuant to this Section 6554.1 reveals
that the applicant for a permit is charged with, but not yet convicted of violation California Penal
Code Section 266i, 315, 316 or 647(b) and/or California Health and Safety Code Section 11054,
11055, 11056, 11057, or 11058, the Chief of Police may choose to take no further action on the
permit until such charges have been dismissed or the applicant has been determined to be not
guilty by a court of competent jurisdiction. Written notice of the approval or denial of the
application shall be provided by mail to the applicant at the current residence address provided
on the application. If the application is denied, the written notice shall contain a brief explanation
of the reason or reasons why the application was denied.
The decision to deny or take no further action on an application may be appealed in accordance
with Section 6404 of the Downey Municipal Code.
Applications for permits to operate a massage establishment-, =-pe r massage-&eMcesrof
eth ae -a 9 ra , may be denied or revoked for any or all of the following
reasons:
(a) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for violation of any of
the following sections of the California Penal Code: 266i, 315, 316, 318, or 647 (b)
(b) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for any offense in
any other state which, if the offense had been committed in California, would have been
Municipal Code Amendment (Massage Establishments) - PLN -19-0011 B
August 21, 2019 - Page 6
Resolution No. 3101
Downey Planning Commission
(a) A list of all persons providinq massaqe services at the establishment. includinq each
person's full true name and other names used, photopraph, and certificate from the Californi;!
Massa,
qe Theraw Council must be provided to the Director, Anv chanqes to the Persons
providing massage services must be rer)orted to the Director within 10 workinq days of such
chancle.
G w
W Me, ZVQ 11 It I
5210411M., IBM IEW4��
.111001z]II& �111H nomm IRA- 1 0 - I
Municipal Code Amendment (Massage Establishments) - PLN -19-0011 B
August 21, 2019 - Page 10
Resolution No. 3101
Downey Planning Commission
(a) The Building Official and the Fire Chief (or their designees) shall inspect the premises
proposed to be devoted i.the massageestablishmentandshall certify,on '• is
permit application, compliance or noncompliance with the regulations set forth in Section
6555. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98)
(a 1) (W The Health Officer and every person authorized p�Arsuant to this Code to enforce
this Chapter w have the ri-qhtto inspec w w • w • n i w
purpose of ensurinq compliance with all applicable laws and requiations at any time that
the establishment is op�en.
(a) Findings. Acquired Immune Deficiency Syndrome (AIDS) is a fatal disease of epidemic
proportions in Los Angeles County, wherein the City of Downey is located. Evidence exists that
certain commercial establishments in the county knowingly allow, and provide facilities for, their
patrons to engage in sexual contact with poses a significant risk for transmission of the human
immunodeficiency virus (HIV), which has been associated with AIDS. Such contact poses an
unacceptable public health risk which must be eliminated.
(b) Definitions. The following terms as used in this ordinance shall have the following
meanings:
(1a) "Bathhouse or similar commercial establishment" specifically includes any business
meeting the definition of either "encounter center, sexual' defined in Section 9402.04(N) of the
Downey Municipal Code or "hotel or motel, adult" defined in Section 9402.04(E) of the Downey
Municipal Code. "Bathhouse or similar commercial establishment" also includes any business
that charges a fee for admission and for that fee offers the use of one or more of the following:
(i) A swimming pool;
(ii) A spa or whirlpool;
(iii) A communal bath;
(iv) Movies or videos for reviewing on the premises.
(1 b) Excluded from the definition of bathhouse or similar commercial establishment shall be any
hotel or motel, as defined in Subsection 4 of this section.
(2a) "Restricted activity" means anal or vaginal intercourse or oral copulation.
(2b) In recognition that medical information about AIDS and how it is transmitted continues to
develop, the county health officer or the health officer of the City may amend the definition of
restricted activity when in his or her opinion, such a change is supported by the then available
scientific information. Any such change shall be effective only after notice of such change is
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 12
Resolution No. 3101
Downey Planning Commission
given to the City Council and is published once a week for three weeks in a newspaper of
general circulation in the City.
(3) "Private room" means any enclosed space large enough for more than one person to
enter, with a door capable of being locked from the inside, unless one or more of the following
applies:
(i) There is an opening no less than five feet (5) nor more than six feet (6) above the floor
through which the full interior of the enclosure is viewable from the exterior; or
(ii) The enclosure is not made available for use by patrons of the establishment; or
(iii) No more than one person at a time is allowed to enter the enclosure and there are no
openings between any adjoining enclosures through which physical contact between persons in
such adjoining enclosures is possible.
(4) "Hotel or motel" means a commercial establishment as defined in Sections 9136 and 9146
of the Downey Municipal Code where all the following requirements are met:
(i) The establishment holds itself out as being primarily in the hotel or motel business;
(ii) The establishment is licensed by all applicable jurisdictions as a hotel or motel;
(iii) The establishment complies with any applicable jurisdictions as a hotel or motel;
(iv) The establishment complies with all applicable state, City and County statutes, ordinances
and regulations controlling the operation of motels or hotels, including, but not limited to, Los
Angeles County Code Sections 11.20.150 et seq.
Lc)__Public Nuisance. Any bathhouse or similar commercial establishment which maintains
any private room or which admits patrons who engage in any restricted activity anywhere on the
premises is declared to be a public nuisance. As such, bathhouse and similar establishments
are strictly prohibited,
(d) Abatement. The County Health Officer or the Health Officer of the City shall take all
actions he deems necessary to abate any public health nuisance described in Subsection (c) of
this section. The action of the County Health Officer or Health Officer of the City may include,
but is not limited to, an order that the bathhouse or similar commercial establishment cease all
operation and not reopen without the specific written approval of the County Health Officer or
the Health Officer of the City. Any operator of any such public health nuisance who fails to
comply with any order of the County Health Officer or the Health Officer of the City shall be
subject to all the penalties provided in this Code or otherwise provided by law. (Added by Ord.
886, adopted 3-14-89; relocated and renumbered from Article VIII, Chapter 7 by Ord. 1010,
adopted 12-12-95; amended by Ord. 1237, adopted 10-28-08)
SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 13
Resolution No. 3101
Downey Planning Commission
Council revise the following use to "Table 9.3.5. Commercial Zones Use Regulations" within
Section 9314.04 of Article IX of the Downey Municipal Code:
General Commercial Uses
Massage therapy NP NP 'C C C NP Subject to standards set
establishment forth in Chapter 5 of Article
V1 of the Do pA
Code
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council revise the following definitions of Sections 9402.04 of Article XI of the Downey
Municipal Code as provided below. New text is identified with an underline and deleted text is
shown with a stFikethrough; the amended definitions are proposed to read as follows:
0) "Massage practitioner" shall have the sarne definition as provided in Downey- MUlliCiP01
Code Section 9402.04(J). shall mean any person certified as a Massaq.e Practitioner or
MassacieTherapist pursuant to Section 4601 of the California Business & Professions Code or
any successor statute,
(k) "Professional rnassage/somatic association" shall --have the same definition as provided in
a nonprofit o(pianization stablished by Business & Professions Code Section 4602(a) to carry
out the responsibilities and duties set forth in Business & Professions Code Sections 4601
throuah 4621.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of August, 2019.
otiginaffy sifinedbySteven (Domigy
Steven Dominguez, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 21't day of August,
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Frometa, Spathopoulos and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Owens and Duarte
ABSTAIN:
COMMISSIONERS:
None
Qn
�ainaffy siayLdby Wary CavA��qft
City Planning Commission
Municipal Code Amendment (Massage Establishments) - PLN -19-0011 B
August 21, 2019 - Page 14
LCityofDowney
VWTT. r;
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEN "X
PREPARED BY: CRYSTAL LANDAVAZO, CITY PLANNER
SUBJECT: PLN -19-00118 (MUNICIPAL CODE AMENDMENT) — A REQUEST TO
AMEND VARIOUS SECTIONS OF ARTICLE VI AND ARTICLE IX OF
THE DOWNEY MUNICIPAL CODE TO ADOPT REGULATIONS
RELATED TO MASSAGE ESTABLISHMENTS
FZ07MVIrm
2920AUIL=
The City Council adopted Interim Urgency Ordinances to establish a temporary moratorium on
new and expanding massage therapy establishments within the City. Staff was directed to
assess the existing Municipal Code and return with appropriate amendments needed to regulate
massage uses. The moratorium and its extensions allowed staff the time needed to review
massage ordinances utilized throughout other jurisdictions and research available data sources
for massage practitioners. Based on the analysis contained in this report, staff is recommending
the Planning Commission adopt the following titled resolution:
In 2008, the State of California adopted SB 731 (Chapter 384, Statutes of 2008), also known as
the Massage Therapy Act. This Act established a private, non-profit organization called the
California Massage Therapy Council (CAMTC) and created a voluntary certification program for
massage therapists. Upon certification of a therapist by CAMTC, local jurisdictions are no
longer allowed to require additional educational requirements, background checks, or a
separate permit (i.e. Police Permit). Since its original adoption, the Massage Therapy Act has
been extended and modified in 2011, 2014, 2016, and 2019.
Three massage establishments were located within the City of Downey prior to the
implementation of SB 731 (January 1, 2009); the number increased to eleven by October 2018.
Additionally, there was concern over the unknown amount of chiropractors, acupuncturists, day
spas, beauty salons, and similar businesses that offered massage services as part of their
business operations. Massage therapy establishments have been associated with prostitution
and human trafficking operations so there was concern that the increase in massage
establishments could have permitted businesses that conducted illicit activities. A 2018 Police
investigation confirmed some of this activity was occurring within the City and resulted in
arrests.
Because of the severity of the potential crimes that may occur at massage establishments and
their immediate effects on the public health, welfare, and safety, the City Council adopted
Interim Urgency Ordinance 18-1399 on October 9, 2018 to establish a temporary moratorium on
new and expanding massage therapy establishments for a period of 45 days. On November 13,
2018, the City Council subsequently adopted an extension of the Interim Urgency through
Ordinance 18-1400 for a period of 10 months and 15 days and directed staff to assess the
existing Municipal Code and return with appropriate amendments needed to regulate massage
uses.
On August 8, 2019, notice of the pending public hearing was published in the Downey Patriot as
a'/6`h page ad in accordance with the requirements of the Downey Municipal Code.
The existing Municipal Code regulations related to massage uses require all massage
establishments operators, persons who own the business, and all massage practitioners, persons
who perform massage services on customers, to apply for a permit with the Police Department.
The permit application submitted to the Police Department is approved only after the applicant
has passed a background check, as stated in Chapter 5 of Article VI of the existing Municipal
Code. Additionally, Section 9314.04 of the Municipal Code requires a Conditional Use Permit to
be presented to the Planning Commission at a public hearing before a determination is made to
approve or deny a new massage establishment.
Staff reviewed the Massage Therapy Act and the authority that local jurisdictions are allowed to
exercise when regulating massage establishments and massage practitioners. In addition to
reviewing state legislation, staff also surveyed the regulations in place for surrounding
jurisdictions. Staff reviewed massage ordinances in place for ten cities of similar size and
demographics, and found the Cities of Cerritos, Brea, Fullerton, and Orange had regulations that
could serve as a guide in establishing new standards. Typically, these communities accepted the
state's reviewing organization as the criteria for all massage practitioners. These communities
require that any person who performs massage must hold a CAMTC certification. Massage
establishments are required to meet specific facility and operational standards such as lighting
and ventilation requirements, clean linens, and maintenance of records for all services performed.
Additionally, these jurisdictions required regular renewals of background checks for massage
establishment operators to ensure they remain in compliance and have not received any
convictions since commencing operation within the City.
Staff is proposing to incorporate many of the regulations utilized in surrounding jurisdictions
because they will provide an opportunity to set clear operational standards and provide an avenue
for continued observation to ensure that the establishments operate as originally approved. The
proposed amendments will retain the existing background check requirements for operators of
massage establishments, who are not CAMTC certified, and will additionally require that any
Municipal Code Amendment (Massage Regulations) - PLN -19-00118
August 21, 2019 - Page 2
PC Agenda Page2
partner with a 5% or more interest in the business, be required to submit an application for a
background check. Additionally, the amendments will incorporate requirements that these
operators submit a renewal application for a new background check every two years. The
proposed amendments also introduce a revocation procedure that will allow the City to revoke an
approval if the operator was found to no longer meet approved criteria. In compliance with the
Massage Therapy Act, massage establishment operators who hold a CAMTC are not required to
submit an application for a background check or a renewal application because they have
completed a background check conducted by CAMTC as part of their certification.
Facility and operational requirements are also proposed as part of this amendment to establish
standard business operations for all massage establishments within the City. The proposed
amendments establish a definition for massage practitioner that identifies a person who holds a
CAMTC certification and performs massage. This definition will establish that only persons who
comply with state certification requirements are allowed to perform massage within the City. All
massage establishments will be required to maintain a record of all services performed on site for
a period of two years, all employees must be dressed in clean and opaque clothing from neck to
knee, must meet minimum lighting standards, must provide a list of all practitioners operating
within the establishment, and must have clean linens at all times. All massage establishment
operators will be required to submit a business plan that identifies the establishment will meet all
facility and operational standards. An operator who does not have a CAMTC certification will have
to obtain a background check approval from the Police Department before requesting approval for
a business license. A person who holds a CAMTC certification will need to provide a business
plan to the City Planner showing compliance with Municipal Code prior to obtaining approval for
issuance of a business license.
As described above, new key regulatory features of the proposed ordinance are as follows;
1. All persons who perform massage services would be required to have a state massage
certification. Massage establishments would be prohibited from allowing non -certified
persons from performing massage services.
2. Any person who operates a massage establishment or owns 5 percent or more of a
massage establishment and who is not a state certified massage professional would
have to pass a detailed background check. Background check approval could be denied
or revoked if any of the required findings for approval could not be made or if the
applicant makes any material misrepresentation or omission during the process.
3. Each massage establishment would have to comply with the numerous operational
requirements. These include health and safety regulations that were already currently
found in the Code, as well as new requirements intended to ensure that only state -
certified massage professionals are providing massage services. Some such regulations
include lighting standards, apparel standards, maintenance of records which must be
made available for City staff, and
4. The amendment would also amend Section 9402.04 of the Municipal Code to update the
definition "massage practitioner" and eliminate the definition of "Professional
massage/somatic association" to introduce a definition for "California Massage Therapy
Council." These amendments will identify that only persons who meet state certification
requirements may operate within the City.
Municipal Code Amendment (Massage Regulations) - PLN -19-00118
August 21, 2019 - Page 3
PC Agenda Page3
The attached resolution identifies all proposed deletions of the existing code text
=1 0 VA I :1*] 011 J, I =1 0 k II wmLl 0, 0
The requested Municipal Code Amendment is exempt from review under the California
Environmental Quality Act, Public Resources Code § 21000 et seq. ("CEQA") and the State
CEQA Guidelines, 14 C.C.R. § 15000 et seq. because it would establish rules and procedures
to permit operation of facilities already permitted to operate under existing law and make
revisions and clarifications to existing regulations and procedures related thereto. The
amendment would not have the potential to cause significant effects on the environment. It is
therefore categorically exempt from further CEQA review under CEQA Guidelines Sections
15301, 15305, and 15308.
FINDINGS,
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to approving the Municipal Code Amendments. The findings are as follows:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The City adopted an Interim Urgency Ordinance on October 9, 2018 and adopted an
Extension of the Interim Urgency Ordinance on November 13, 2018 because there was
concern that the potential impacts of massage therapy establishments threatened the
preservation of the public peace, health, safety and welfare of the community. The
proposed Municipal Code Amendments introduce regulations that establish approval
procedures, operational requirements, and sets forth inspection and revocation authority
by City Officials to ensure massage establishments operate appropriately. The proposeli-
regulations, operational standards, inspection, and review and revocation procedures
are incorporated to ensure that potential effects in public health, safety, and general
welfare will be mitigated as much as possible.
MOM,
WR
I
standards Tor a sensitive commercial 1ASU 14111.11111 Me
— Adjust the codes, policies, and regulations in response to changes in land use trends.
The Municipal Code Amendment addresses a community that arose after several
outside factors occurred. The State of California adopted SIB 731 (Chapter 384, Statutes
of 2008) which removed some local authority for regulating individual technicians who
were certified by the California Massage Therapy Council. Many cities began to see an
increase in massage establishment uses after SB 731 and its subsequent legislation.
The proposed Municipal Code Amendments are consistent with General Plan Policy
1.3.2.2 in that staff has evaluated the impacts of newer legislation and proposes to
amend its regulations so that the community is protected while also maintaining
compliant with state law. The proposed amendments will adjust current regulations to
provide more protections for the community and provide guidance for genuine massage
establishments to operate within the City.
Municipal Code Amendment (Massage Regulations) - PLN -19-00118
August 21, 2019 - Page 4
CORRESPONDENCE
As of the date that this report was printed, staff has not received correspondence regarding this
application.
51 �GL M � KOYL
I
11111ME 7 V
LUMl 114 -12YA:-11 INO BE@ I Isis 0 111:M VA 10 111 [8110vilLyloler-ATIyAll loggri vk--M
g a No.
EXHIBITS
Municipal Code Amendment (Massage Regulations) - PLN -19-00118
August 21, 2019 - Page 5
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On October 9, 2018, pursuant Section 65858 of the California Government Code, the
City Council of the City of Downey ("City Council") adopted Ordinance No. 18-1399,
an interim urgency ordinance, which temporarily prohibited establishing new or
expanding existing massage therapy establishments for a period of 45 days; and,
B. On November 13, 2018, pursuant Section 65858 of the California Government Code,
the City Council of the City of Downey ("City Council") adopted Ordinance No. 18-
1400, an interim urgency ordinance, extending the temporary prohibition on
establishing new or expanding existing massage therapy establishments for a period
of 10 months and 15 days; and,
C. On August 8, 2019, notice of the pending municipal code amendment was published
in the Downey Patriot as a 1/�` page ad in accordance with the requirements of the
Downey Municipal Code; and,
D. The Planning Commission held a duly noticed public hearing on August 21, 2019,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Municipal Code Amendment is exempt from review under the California
Environmental Quality Act, Public Resources Code § 21000 et seq. ("CEQA") and the State
CEQA Guidelines, 14 C.C.R. § 15000 et seq. because it would establish rules and procedures
to permit operation of facilities already permitted to operate under existing law and make
revisions and clarifications to existing regulations and procedures related thereto. The
amendment would not have the potential to cause significant effects on the environment. It is
therefore categorically exempt from further CEQA review under CEQA Guidelines Sections
15301, 15305, and 15308.
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The City adopted an Interim Urgency Ordinance on October 9, 2010
and adopted anExtension ofthe Interim Urgency Ordinance VnNovember 13.2D18
because there was concern that the potential impacts cfmassage therapy
Resolution No.
Downey Planning Commission
W I Wt -
forth inspection and revocation authority by City Officials to ensure massage
establishments operate appropriately. The proposed regulations, operational
standards, inspection, and review and revocation procedures are incorporated to
ensure that potential effects in public health, safety, and general welfare will be
mitigated as much as possible.
B. The proposed amendment is in general conformance with the General Plan. The
proposed Municipal Code Amendments set forth review, approval, and operational
standards for a sensitive commercial use within the City. General Plan Program
1. 3.2.2 — Adjust the codes, policies, and regulations in response to changes in land
use trends. The Municipal Code Amendment addresses a community that arose after
several outside factors occurred. The State of California adopted SB 731 (Chapter
384, Statutes of 2008) which removed some local authority for regulating individual
technicians who were certified by the California Massage Therapy Council. Many
cities began to see an increase in massage establishment uses after SB 731 and its
subsequent legislation. The proposed Municipal Code Amendments are consistent
with General Plan Policy 1.3.2.2 in that staff has evaluated the impacts of newer
legislation and proposes to amend its regulations so that the community is protected
while also maintaining compliant with state law. The proposed amendments will
adjust current regulations to provide more protections for the community and provide
guidance for genuine massage establishments to operate within the City.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council.revise the following regulations of Sections 6553 through 6556 of Article VI of the
Downey Municipal Code as provided below. New text is identified with an ii.nrd.r�Aline and red font
color and deleted text is shown with a sticikethFOUgh; the amended regulations are proposed to
read as follows:
SECTION 6553. DEFINITIONS.
For the purposes of this part, the words and phrases shall have the definitions listed below:
"("Y -y (� ief ()f C I I)iS O—Var i dc
-,,I -iises of f,i rn�,�ssa(. e estabHshm �rjl� dk -it C
ilb) "C'u";ton lei " 4,Vafl n ml J(_
hours Who is 1101 ;-.10 erlrrC-4q,.illil!)'-f"(--I�l-i-Ilcia:-"ji VIA; o
J �Qflbactoi, or Vend r of the
Lily gaffe establishmqmt,
Who is efnj-�lqyqd by r1
offiCC, ill(
_tlrl LoL—A�_s iq �L(�LlutV lda
eW'i Department officer
--—� �!�
sta b Is C,
"Massage" shall have the same definition as "massage services," as provided in
Downey Municipal Code Section 9402.04(l).
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 2
AHUM3��
Resolution No.
Downey Planning Commission
(Is'4L) "Massage establishment" shall have the same definition as provided in Downey
Municipal Code Section 9402.04(L).
(e)V 9), ) "Massage practitioner" shall have the same definition as provided in Downey Municipal
�
Code Section 9402.04(J).
(,spiqi',t "Massage services" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(1).
(e\ M sa Th(-)iaov,(,.oqncfl` shall
have the same definition as provided in Downey Municipal Code Section 9402.04(K).
;,nek-As
/1-) Is-aurredited- bya tec(,qn1/EKt-SfPke ov natia� ial aociediting -body
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 3
Resolution No.
Downey Planning Commission
accessory is contained within the same structure as the primary use, and meets either of the
following conditions:
0),(�tj The accessory use is by no more than one full-time permitted massage practitioner
providing massage services to no more than one person simultaneously; or
ft The accessory use is by three or fewer part-time permitted massage practitioners
sharing one work station, and that work station is not used simultaneously by more than one
massage practitioner to provide massage services simultaneously by more than one person.
For the purposes of this section, full-time massage practitioners are those who work thirty
(30) or more hours per week, and part-time massage practitioners are those who work less than
thirty (30) hours per week. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049,
adopted 4-28-98; amended by Ord. 1237, adopted 10-28-08)
f I( I( fo j )t �71 j Irl I f
(G) The l�)rovisiolrs of thi"; to the it to
S i� Ice of V,,4ki
'H 110� i�100\1
ptx,tate t -i 1 0 se i� jet
�Q_Lc!Ll 01.)(Tl�AOF W110 [A N C., IV
b U,�ie Cafifr)00�--_i 1`03S :_a K.1 FhEir ;,_ COLHICH,
1-1 1 1., rr I - � I flr _1-Y-_ -- r_ �- --- -T-_ -11 ��"�,,,V.1�1-1-llr---"--,-
!BECTION' 6553,,3. CERTIFICATIO REfAN C, PRE
jS
F_11N121__!'�,Jn thi-.In astatt:, ceilffied toen( safe
iii the (,milt I p7t,gk]l1�1`gfflcq of tpassiKlq.,
,Q)) It r's wilawfui for ans/ s m.0 Or nla4Aainr Zj
Ll 810 iil 1 1-113
11a, Gs�tjifjf3d_ lTiagS� j(",
of enlplove(2 in Ghal'qc, of controf Ofa
Lg elllpla17 tit 'rn lit a
°!llq is nut f,
the t,on'llnactioll'the
lit or-, rA7
7iCi111 on the inassw e estabfishn,wrfl.
G553.6 F",T71Uf,1T1'F'D LOCATIONS FUR MA'SISAGE
It is L"*J"Il t01j_'Qq4qpoil the C01111m."'c"ial other fll�an
a wmssaae il�ICI opereted in ac(xnd�.rmce with thP)'r_X Of
21 W
i10t ilt-1 lt� d t d
or altere'd m a Ill"111fler that
'-droll be estabfishqd�
defernilnatioi J;r!'j'io Qoql�Tqlrlit
fLe, w i c
gLpppient Derii:y,hnent that the establishnicNit v,?W) jiren let its of ihis Code,
J�,r a husiness Iicensc,, the owneiSUbmit �1' Si"fl I?L�1-�!Yltbc
("OrnlTionitv Deweloonrent Will ("00)Vywifl) this
SECTION 6554. PERMITS: APPLICATIUI%S.
Applications for permits to operate a massage establishment to perform massage services, or
otherwise act as a massage practitioner, shall be submitted to and on a form provided by the
if Police or his or her desi nee. The ai l lication must e t ewritten or IeWibl� ip HWrintedd b
0 0
ON
161111111111WRION
1 @1 EW,TA I IN 47;�z I 11;N I (;J4 Irt6-2 I aisle] a &Is][:
A (�Wj sigma st;k7ml ENJINIF
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 4
Kff=o ME �
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 5
INUMEM=
Resolution No.
Downey Planning Commission
I
ly the applicant for any period during the five (5) years immediately preceding the date th-
•• •
pplication is submitted; and
" r
Oi� n-0 A list of any revocation, suspension, denial, or other voluntary or involuntary surrender
........... .........
If the application is for a permit to operate a massage establishment, proof that the
applicant has complied with the Comprehensive Zoning Ordinance of the City of Downey.
'-p'.','9'P Any other identification and information the Chief of Police (or his or her designee)
deems necessary to establish the truth of the information supplied in the application. (Added by
Ord. 419, adopted 5-8-72; added by Ord. 1049, adopted 4-28-98; amended by Ord. 1099,
adopted 4-24-01; amended by Ord. 1237, adopted 10-28-08)
SECTION 6554.1. PERMITS: INVESTIGATION, ISSUANCE, GROUNDS FOR DENIAL OR
REVOCATION.
Completed applications for permits to operate a massage establishment, to perform massage
services, or otherwise act as a massage practitioner, shall be reviewed and investigated by the
Chief of Police or his or her designee. The Chief of Police or his or her designee shall use best
efforts to complete the investigation and review of all applications within ninety (90) days after
submittal by the applicant. If after review and investigation the application is found to meet the
criteria of Sections 6554 and 6554.1, the Chief of Police or his or her designee shall issue the
permit; provided, however, if the investigation performed pursuant to this Section 6554.1 reveals
that the applicant for a permit is charged with, but not yet convicted of violation California Penal
Code Section 266i, 315, 316 or 647(b) and/or California Health and Safety Code Section 11054,
11055, 11056, 11057, or 11058, the Chief of Police may choose to take no further action on the
permit until such charges have been dismissed or the applicant has been determined to be not
guilty by a court of competent jurisdiction. Written notice of the approval or denial of the
application shall be provided by mail to the applicant at the current residence address provided
on the application. If the application is denied, the written notice shall contain a brief explanation
of the reason or reasons why the application was denied.
The decision to deny or take no further action on an application may be appealed in accordance
with Section 6404 of the Downey Municipal Code.
Applications for permits to operate a massage establishment,
(Athelwllf'i""" "gel as ,-,I may be denied or revoked for any or all of the following
reasons:
(a) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for violation of any of
the following sections of the California Penal Code: 266i, 315, 316, 318, or 647 (b)
(b) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for any offense in
any other state which, if the offense had been committed in California, would have been
punishable under any of the following sections of the California Penal Code: 266i, 315, 316,
318, or 647 (b).
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 6
agum3mmumm
Resolution No.
---"A ,
(c) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for felony violation of
any of the following sections of the California Health and Safety Code involving sale of a
controlled substance: 11054, 11055, 11056, 11057, or 11058.
(d) Proof of any conviction(s) of the applicant or permit holder in the five (5) years immediately
preceding the date of the application, or during the valid period of a permit, for any offense in
any other state which, if the offense had been committed in California, would have been
punishable under any of the following sections of the California Health and Safety Code
involving sale of a controlled substance: 11054, 11055, 11056, 11057, or 11058.
(e) Failure to submit a complete application, illegible information will be deemed to be omitted.
For the purpose of this section, a complete application is one which contains all of the
information required by Downey Municipal Code Section 6554.
lill ii III III I I I! I
... iiii . 6 0-
(h) The existence of any outstanding warrants for the applicant's arrest, issued by any Federal
court or the court of any state.
(i) Reapplication within the greater of: six (6) months after a previous application from the
same applicant was denied; or within the time period that the ground(s) for the previous denia'.
may still be considered valid ground(s) for denial under this part. (Added by Ord. 419, adopteii
5-8-72; amended by Ord. 876, adopted 1- 10-89; amended by Ord. 1049, adopted 4-28-98;
amended by Ord. 1099, adopted 4-24-01)
7FF ��FNEV
i o J)y ffij!; (,fr�p I to (-)j)tajfj
-!OF901) I'Qq d ),ack(j! chpck a oval shall subf ni'i
Z,m aooilic, a(ion for rencnval K) the chic,?f of Rolke 1,-,0his w. her n(,-) so(,wer-than GO daYs
j
�ilj(j i1rfljfj /j�j
), aY� V _U q�--( ----- ---
da _,� JI)IJ01; to t��C� eXII of [I to
L))A fem,wal_ajjp i a_jjjon nitilist 6,x- a'G(,ornmiibyj)r oof of
ft -,'o .by Coes
uncil ,res a
tion nd the and rof an
qllj 14 1z,1
j ipffIrints will b uirod if Gurrent
ff
check shail1 be levievvc-! in th,.'!
lihe narn(;, k,.rrns as -an a rit ita
Kip C afion
5
..mgr 13, A I :,.,it
ew(xi I'T
It � a be rcyoked if eithc,,�:
.. 1-1-�---,-"-..", -y�r�-'�'-�-------�—.�---�--
Jr rar rJjor,(_3 _car _ jjr)(, ffi - i 'k I'01 -41d check c;an no
16ngs rp 4llnre�d� N �,� p� ove,(n rc
Municipal Code Amendment (Massage Establishments) - Pli 9-00118
August 21, 2019 - Page 7
SHUMMM�
Resolution No.
Downey Planning Commission
tgn(gil
I .,he backp-OLUA W.,is-a F,2,1 wevved, in of a
ie
__V
If thel'or revocation exist, a Notice ol Revocation halls be
pos,ied a the lor-.Wion oi all rqass ( e,itablv;hnlenls owlle�d of ooerated by the atipficant and
n I wil a copy,,qt,lhe ilpfice, bV cerlffied mad and i`eoulal vFiafl,j?jjc,� segdtd addreSsed W the
iy,s;Aicaanl, at lhe address that aDDO"al 011 the The Notice of F°�evopafion shaH
stat e the basis, for revoration and indlldO a com of [hi" TI*- 'to
the, G4v CleIR a reque t f r,a he;,,rin -j,9pl. latt�r than 0,.( Y L
o 1 ja --pt1he culte of 'he, klotice, of
Rovo(Vflion. The rgjtl(,'Sl 111USt IXmade in wrifinq. F the ap plicant fadsto request a heI.Inng
Within 10 d�iv the date of the Nafice of I the. revo(afiol, Shail he lillqL
afaf df tho app!ilm it -,I lIfflitS, a I%Ftl(dy te
TLE!§tJor a hertrino, the, hearim shall be S("Ileduled to
occuf Iroi k��tei ffian afteeiv
t recinn the ieouestw No6,p of" finic-3- andjilace ofthe
to,th(
qqljtjay l)(N-soned sc-,,vice f or vi,, certifie�d inail and ieqj�l FITI-� atS
'111(��(,�, ()f �J�e, jat(.1,scy )e
it he"ll
Ylasl 10 days if 1.,jc
VV
r
(0) 1-11c" Chief of Pcqiq_(, oi or her ck,�5igqc 0,
receive o1a1 tetillilfiony and offiar I ty-,' C:hief of Pdico, and City FlIpprief
shafl not be bOUIld 1) im.9 of evidericle in the condLUA Of UIC
n1l ayfIot bc_� the $(,Are basis f0li_(NOkil-K! bRdj�jrQLH_ld check app,.!-Qvaf
,(e) Thcl� Chief (A of his or hel ("I e" �Iqm With the, CKV rllanlle�, nlzlke their.
1r)Z'S'�)(I UP011 IhC� CVki0l)(;e l;?!!,e 1, ,r rit M. Bract gr.tlarra Ifs
------- in the, re(,,',oJd Of 0"Ie,
rtgayY of the GOR&IS1(a11 Of the hoamts q; -1 h(dec-islofl shqll I)e in wii[irl( ��Ilrl shaill C(THItain vnittem
tig(4!qq!�, of fad <.ind thcql The dedsion �,;haH bo served upan the
X-1. - D aria d -1c of the
p±_�n�Lylal seivic t -1 -11 e )ai(J Sent to il - addl
agSapaltFaaarat
cold. lilec[ ill Ihedocis4m Shav be offective Uppj) pp " lal Ser0ce 01,
if service� is,by,mail, then 2 deposit with the Ullifted States Postalf
Set vife,
ct
6654A APPEALS
Any do(.kzion to denv or rovok! bad'q:pound c.beck ajjLfpval or renciwpd,aftef,,a 'rie ritic
beu) held with ktw.� Chief of Palke and City llly.:ly ill
S -1 he Y
,-�ccolcjrmce Willi Ibis I ocfion� avI)eoi n I � l si t) (,-, Wcd ill vvl I thfCii l101, J&tet
t�-J(-, of "11C, ljo[joe
thall 10 the dete ation. The waif engpp�ppl mus
igaa I fl los d 1
tile basis fol the a eal Pnd the, , gfir) if l u jIpmad i;; till 1ply-fiie'd, the
dec-kmon r;,haH Lejhia_L
Q?) if the aplAigant Subillits a, tirliely WI ittenjhpCAM lkl,-Ial tqpl Shall scheckAe 'I
hearing oil the noe�cd to acx,.ur not la'fer th�,iil 4,15 days Fe�(:,ehlirl J1 e�a
4)'QF rqle
lit'ne, eind olace of the heat (l I t rvicc ,d
'Y� o t _p J)V r)of$()Jrial so oi via ce0fic-
_h� 'ul_
mail and requkir nicdia. I)osta(t at lea;�t, 15 dE s in on
a(lyce cif the clate set for the
_
't,he" hcNzvinq on the @,veal Shall tars de ilovo- The Git eF Mams gigot , or his or her desiqpq,
... ........... III—— '.
Shall act ""Is th("') Hearirm Officei and slvifl receive olai testin orly plid Other evidqnqe. "i"he
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 8
Resolution No.
LA al _ tu ruk-,,s of evidgwe ire the conduct of the,
g, Officer sholl not be boundbylhto�le
��L wt be the sole N --Isis for fev('AHI�j�' I chef*
hearim'' ex". )I thal hearsay,evideirIff a a '
(d) The Ffearii't,- Offi(;ef his oi her delerminalionbased upon Uie evirlence
pLese,nted in the, Of the hearinq and Veithin Ifima P -irlqlIll
de,!cision shall bin writing -f- I cor written fjndin
_pLjgct arld his jai heiconclusions.
'rhe tQ�'Dfficer'a"( locisioll Sf 1,111 btSt,11'W"d LQU[I 1110, ppr'�tellan[ by pea um mI servi(.e 01 via
—
certified atid regi,ilaq-,imlil,' I ( sbigg - -gpaid SCIV to the address of the a ?f:flicant conte inod in the.
'ppjLw�Aa?ion, The He Officer's dec'isioil ';11-11 he effe'utive upon pessonal c';ewce. 0d' if seryce
is y T1
1) Inai en ;1 busines A � ys 10
_jOlowi la'cleoosit wifl Umted States Postai
docision 'sjufll be final �"m(J and be Ftivealable to the City Council.
-----------
SECTION 6556. REGULATIONS.
per+�'o'n to wl
(4 ffijaZ;' _),st
or .-"I s t' �I` _j 1-'n, p r I I -"' a f �' s' a g e o "s't a t f i �h i -i
Es'«r;h estA)isl D tllwnt ope"I'atol is fet, tdrect to obtatri a txisinnss to
-
issuanc(- Cif c. iicense MCId7tY 'k fm)'Str�'Irpvide a busi�le'ss I -!p, oloriq k0th ;?1 floo, r
identitV the pStablkhl tlent Wilt LjpLerollc il.lr;Ojrj ipliancf,-�, with all q"@.ula'0w is F i t forIh in th�is
Chap( r,
(a) No person shall give, or assist in the giving of, any massage to any other person under the
age of eighteen (18) years, unless the parent or guardian of such minor person has given
consent thereto in writing.
@TWO - W.Te
comply with the requirements of the City.
(c) Each permittee shall post in a conspicuous location upon the premises for which the permit
.s issued:
(1)
I A copy of the massage establishment permit, WhEN1 re,(Wired: and
kis[ (A ��ll thf,", n'nPmf"%s fAl !�jl afinqj-HassaQel -"" U1 V Wefs 'J the lo(;atioill 101
V-111 permit has bem""n nssued, -1he QaWomka 410111 n ssa e rj') limlc
QertffifJe and pjr�
otocii L)hs for alb
f��yjoinn ssng�-! '�e is o 1 1 11 s s a
e,slablisill ont must be d'sWayrp I L
on
in a that hat can be. readily
ViONVed l:.Yat.,GLIStWIOIS 01'_(j'lY 31L�f- 3flVes'
I - f, (I L�
0) AH mos
l5ape )erate as ind 'n rat contractors must obtain a
bUsiness �icense before cmmen(41(l odk at anv massa,( q establi-shillentlrt rsri los car �1113�
localion -n i "111) 'j( C ' "`is It Y set io�ll i, i1 i Section 6553.2.
6555.1 Massage Establishment Ope
t
lsai es "M the (�'slahfisl I'll I i CJ i
A list al all P��jj!-iomcfir!g
WH h1le IlEffl-le- 8,11d Othc-U "W"'es L'o'-"J.QL'cjtc19E7'11�1' Fktld c(:�rfificate frorn the California
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 9
NNUEM���
Resolution No.
Downey Planning Commission
L4aFisape Council be 1�11 �(,Mdegf flic Director, Ali cl i i ( ps_ to,flic.,
L)
'c7 vJLOLI Ig-LrIki 's S W)"
sproc'es Inu (be reported �a the Diredo� wifi-On 10 of ',,mc.h
A Hsi of Hie services ll)r(Mdeo Io Hyifoteach
111kisi be availabic, tO tho ILQk1k; In a (;()l lSr)It-,Uous locadon on Cllr,ol ornisc;";,
. ..... .. ..
ofeach thenam eof the state ceilufic.-A
114 sion�ctqe adniinisterpA I he, records,
adininisTpOna the SSO
, al
of' 2 vears, on[yjtlqp officias who ;:tre Ovi.rqed with
e I 1 [0 Go l TI C-.: I I t (I f t I I i S G a iAe I - S I I a t i s 15 sxxt t I I ese re c rd S a I (I k10 111 fo rs at i o n S 11 ii I I h e t r so fo I a 1
l)rjq,)o,su, other, Uhrm enfowenlenl of this Gha[)ter, No owno� or
emplovee Shall utilize the ro(�oidSjll Ogy manner unrqla.ted to enforcoinE,,,lit of this Chaptel.
(d)
f-")rov suffident i if-Iw:n4Ik,-1-Ur)n -act,'i, I eqtOe d by this, (',ode. U@t(D VONIIHo HOI 1 WO
be olovided fillounhot'd Ole I-nu,�7A
it .r b,"
Unifonn l3tAdinq Cod 05�
Codc, Ai 6(le 220: l,ritJ orf ieasf one rwffinwl H 11A of nol less Hh,,m 40 yvaUs musit be in
c.,ach room of enwloswe desionate(.1 for mqss8q!3.
kLl room 01' ul which lllassa(le is pfacticcd 111U.St have a table ,dc-,,iqnc,,d
manur;,iduro'd ionnedic'ell or No n1aftresses Or bed's are allowe'd- Massag
kwv-shai'Ae pl�lsfir orf oth(�r
tables � �ust be cwoevod VdI.11 ads made of dul
2)GGE�Of8bk- tO VII I �ealfli Officei
KA[41,-,rj- rovidedt ecriiiir -,ei;,140,r
fol f 141Q
not be used on more, Own oric,, (.wsloniur kinfess, UIE!Y_hayp'kteof P
l'ort
se W'01_1 USC�S. Adeouate, equipmentfoi disinfocting qi 0 sterilOng, 0,;ti uquentp, used in
t tI� ed bel
perfornlinq the acts of 111,,.t!5saqe it lisl be provif.k-'KI Orl,j�!i-
i�f)�d„fj, There shall be provided and maintained adequate bathing, dressing, locker, and toilet
facilities for patrons.
4,gra" - c) Physical facilities for the massage establishment shall be maintained in good repair and
in
r' � clean and sanitary condition. Warm and dry heat rooms, steam or vapor rooms, steam or
vapor cabinets, shower compartments, and toilets utilized in the operation shall be cleaned each
day. Bathtubs shall be cleaned after each use.
-1-he
C
tided— Each 1i SSEX Cil lit IrILI -1 b OTWIROII u�se efr4Cw'feIr,-o I: 141ols -SNA f-i;AAx-,' per'ni a 2 e
Y
41 nd Rnen
,q!Jj FxA at all Uqy,bs with iifl E'dOQU@Ie 5-UPP!Yrj-f-1'
Ie 'I, , I -; � ;� - � I,_ " ;- -ed in cabinets, Towe's and Mens n,iust not be
G all �rnoes, covelil g� ind line � J.jjkiSj 1)(, _,tw
used aii aore than oru:�', CUSI,O�V)E'r,,.01 11111r," ,` the%f IK -VIP fiffit liRlrqjered and
than ... .. .... .. I- 111 -11--l-, --- 1--- -1 - --
s - rinq,, -omer or
rifecied, I cible towels and cove I
_,L�A b,e used em mori..� than� one cusl
Glient. Soiled lillens a I(I [owrAs. must be delIqifitell i0 sC`!I)a8tol�
(j)ffl, A separate washbasin shall be provided for each portion of a massage establishment
wherein massage services are performed for the individual use of each massage practitioner.
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 10
0 A 0 - 6 0. 0
Resolution No.
Downey Planning Commission
Such basin shall be provided with soap 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 washbasin sanitary towels placed in
permanently installed dispensers. (Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049,
adopted 4-28-98)
fj or F-klv,,
jj'E' C.(.jj OFS �710o P." INOVOCCi nviss,,-iqe scnJres in room onlv W
_J
state C'rfiila (1 R NIt ill
fl'�ossaclo mo alis 'pr("�s the !Ta" )rn gat all- %with the custornem,
f'?9p5 (Ahel than 1oc'Mn g-lasspgg' or cfuarcfiai� Cit a rnirx)CWho is wc
"j
otr)(1 tjao,,;C' s le shaH rennam ,,�Att'Jn raorn v�jhl a
'tO
It No Q foRok'Vin, activiUes,on f
h of flici
A. _qq --fA
ir!aSs"age or Other e'roflc touchinc� of arlatolllicaareas" Sex
0(111t': irlckfchn(�-' i i - u -rcourso' nFal coj)006011, or sudonnv� cl�r
r itc
-n )loypq igl -pc IdE'lli COIM;GWU Of fnassacje ostahll�dunenf sha0
el arla'kqfnicac vreas in the 1')resen(,:e o� any (,,ustonwi o(jdlesl! or 114ake
lllli i (an t,j y c:� i,c a o o'! t a, c. t � Ai i t I I t C' - S1) i f- J, e d i.1 alpi 1l, i q E 1 11. 1 1'r ' f caFII" C' I - I S t 0' C L J
(n) Fac"h (n is'l oil lol "s ljpLdug illusi be I covc"red at all finics. No -i ,--,Jyflf 1p'assogq
A - - --l- l _--_..._.,.__n9,._
- - - --"- --
Cj I J'-" 11 ina, "'my, (;w"loillcr Whose broas's
H of skorple�-'-No --!�qxn sh�."
a o'ee-'__l,.sho�l- l ol 1 shall (-r� any(- I, rt cnjrd h 0l l e
All inusf bo, 6c�lssc-�,(,-1 in ciparl,, -Irg���-Q!�'!,c-,�,t-�i�g!-f-flei-�ts cow"�rin body"ttLiq!
klrl(- Ir -42-ly
G and arnis, af all timos while on tfie� pretl6ses,
d individuHl lookers on
f Li g t i i i s (1,c; i i as s a q
esiabkn4wne - i - it I
,h, 11 or rernain 41 anv p','ut (A a,l qlassaox" 0slatifishnient WIAt," in the
''3W l'W I(] OF trolk, sr6,,;Wnr,:c-: Ullpl
"'?!jl'S Jai It [0 o -n fw i-nedication. 'Hw'plvnel_(�a-,Irs: j 11
f
f-`rkJS3 tlOt alloW c1ljY,_ Otl1jS S1jt to r
rem".-lin
sIs a sdlool of mas! g!--, or usc,'� the smil c
facififies aslh-gse-of a schad rpt massaae.
a.
(S) NqarzqL tc-,pestablitihment shall pip c-_, fjish or dist i b U t e 't lCiffill , ajjV
jjjT1_ qj_
PC v('NAisina' 111allel that depicts, aCr,,akt l!6 % !f9(§al cin atornicai areas
All cWodor dours shall rCffWUl Unlocked dUJn(:j hoursl frona the, mtenor s0t,
L'�x
(�Pt When n si"ciff Is availahk- tO efIGUR-1 they SOG(Jrif of C;Iienhs and stoff Who ;-Trc'
1.99 °I" c1osed door,
SECTION 6565.'11`. INSPECTIONS.
-Q!)'rThe Building Official and the Fire Chief (or their designees) shall inspect the premises
proposed to be devoted to the massage establishment and shall certify, on the required
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 11
iffAMMEM.
"kesolution No.
- �UOIEJVA-750-0
1 he Fk�j�jjflI (')If j(,Cr �Inrsl evee Y,pqr! -0i i auinorizod, s, Code to (-miarcc,
jaq
this-Ghapleshall c^ ach have the OcIlit to'j,-�e iodic,�Ay -,,I and Insj)ecl aqv
(,-"Stahlisi In I[ for fly� plLf pL�! "91 -tq (,pniptiaw,.e Yvith afl ap lave; �awand
I PAST 0 0 0 6
patrons to engage in sexual contact with poses a significant risk for transmission of the human
immunodeficiency virus (HIV), which has been associated with AIDS. Such contact poses an
unacceptable public health risk which must be eliminated.
(b) Definitions. The following terms as used in this ordinance shall have the following
meanings:
(1a) "Bathhouse or similar commercial establishment" specifically includes any business
meeting the definition of either "encounter center, sexual" defined in Section 9402.04(N) of the
Downey Municipal Code or "hotel or motel, adult" defined in Section 9402.04(E) of the Downey
Municipal Code. "Bathhouse or similar commercial establishment" also includes any business
that charges a fee for admission and for that fee offers the use of one or more of the following:
RIMMEMMM=
(ii) A spa or whirlpool;
(iii) A communal bath;
(iv) Movies or videos for reviewing on the premises.
(1 b) Excluded from the definition of bathhouse or similar commercial establishment shall be any
hotel or motel, as defined in Subsection 4 of this section.
(2a) "Restricted activity" means anal or vaginal intercourse or oral copulation.
(2b) In recognition that medical information about AIDS and how it is transmitted continues to
develop, the county health officer or the health officer of the City may amend the definition of
restricted activity when in his or her opinion, such a change is supported by the then available
scientific information. Any such change shall be effective only after notice of such change is
given to the City Council and is published once a week for three weeks in a newspaper of
general circulation in the City.
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 12
INUMMISM
Resolution Ro. .0
Ajf,G1,WJLUA%e!k#A,
(3) "Private room" means any enclosed space large enough for more than one person to
enter, with a door capable of being locked from the inside, unless one or more of the following
applies:
(i) There is an opening no less than five feet (5) nor more than six feet (6) above the floor
through which the full interior of the enclosure is viewable from the exterior; or
(iii) No more than one person at a time is allowed to enter the enclosure and there are no
openings between any adjoining enclosures through which physical contact between persons in
such adjoining enclosures is possible.
(i) The establishment holds itself out as being primarily in the hotel or motel business;
I
(iv) The establishment complies with all applicable state, City and County statutes, ordinances
and regulations controlling the operation of motels or hotels, including, but not limited to, Los
Angeles County Code Sections 11.20.150 et seq.
—Public Nuisance. Any bathhouse • similar commercial establishment which maintains
any X#�eatis-f#*m I -,rnhieh a1mits #atri#nc-veh# arigagd in any resWat6I aetiyity aiIIIIa tin tha
premises is
• to • a public nuisance. As suchi 1 1 1711 C-,, rJ t S
(d) Abatement. The County Health Officer or the Health Officer of the City shall take all
actions he deems necessary to abate any public health nuisance described in Subsection (c) of
this section. The action of the County Health Officer or Health Officer of the City may include,
but is not limited to, an order that the bathhouse • similar commercial establishment cease all
operation and not reopen without the specific written approval of the County Health Officer or
the Health Officer of the City. Any operator of any such public health nuisance who fails to
comply with any order of the County Health Officer or the Health Officer of the City shall be
subject to all the penalties provided in this Code or otherwise provided by law. (Added by Ord.
886, adopted 3-14-89; relocated and renumbered from Article VI 11, Chapter 7 by Ord. 10 10,
adopted 12-12-95; amended by Ord. 1237, adopted 10-28-08)
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 13
MUMMEMU�
Resolution 11o.
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General Commercial Uses
Massage therapy NP NP C C C NP Sk
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establishment forlh ill Gh�Al:Aer 5 of Artkle
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Code
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council revise the following definitions of Sections 9402.04 of Article XI of the Downey
Municipal Code as provided below. New text is identified with an underline and deleted text is
shown with a StFikethFOUgh; the amended definitions are proposed to read as follows:
"Massage practitioner" fzhall itl IX)WrIK-1LKiiCipM
PracJi-tionei
n at y.�rx-:Ts m ccl0o'(1 as a [Anssaw--
t skst m '01 of 1he C;nfifc)rn�a & Flrofessk)n7
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Dt.,)w4iey Municipal Gode- sertioll
41 110M)R)fit OR 'WliZdRUWI St11b1R1hrZN.l J)y & �,(.0 ii ry
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(3' 1 i 1�) i I i S �l � -1 Cl d L � t c Q S S E' t fQ t I I I i l 1 13 1 J `3 i TI E� 0�
SECTION 7. The Secretary shall certify the adoption of this Resolution.
gullyArrdt;111111 1-01LUIS]•
u0mmisslon rrfRFCWr-13r 0 W , -11
f0 19, by the following vote, to wit:
Mary Cavanagh, Secretary
City Planning Commission
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
August 21, 2019 - Page 14
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY EXTENDING INTERIM URGENCY ORDINANCE NO. 18-1399
FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS THEREBY CONTINUING A
TEMPORARY MORATORIUM ON NEW AND EXPANDING EXISTING
MASSAGE THERAPY ESTABLISHMENTS
WHEREAS, massage therapy establishments are regulated through various sections of
Article IX of the Downey Municipal Code. Additionally, the licensing of individual massage
therapists is regulated through the Downey Municipal Code sections 6553 et. seq.; and,
WHEREAS, SB 731 (Chapter 384, Statutes of 2008) and subsequent legislation
prohibited cities from requiring licenses or permits of holders of California Massage Therapy
Council (CAMTC) certificates; and,
WHEREAS, there has been significant research that demonstrates a correlation
between massage therapy establishments and human trafficking. Specifically, a California
Attorney General report (The State of Human Trafficking in California 2012) noted that
trafficking can occur in a number of places, including massage therapy establishments; and the
Polaris Project issued a report in 2018 (Human Trafficking in Illicit Massage Businesses) that
found trafficking related to massage therapy establishments is second only to escort services;
and,
WHEREAS, the City's Police Department has investigated illicit activity at massage
establishments in the City, and one investigation culminated in an arrest for prostitution at one
of the establishments; and,
WHEREAS, the City Council is concerned that continued growth of massage therapy
establishments can have a negative secondary effects on the immediate health, safety, and
welfare of those who live, work, and visit the City of Downey. Such negative secondary effects
include human trafficking and prostitution; and,
WHEREAS, since passage of SB 731, the number of massage therapy establishments
operating in the City of Downey increased from three to 11 (a 266% increase); and,
WHEREAS, it is the City Council of the City of Downey's desire to regulate massage
therapy businesses to balance community needs and to minimize the negative secondary
effects associated with such uses; and,
WHEREAS, on October 29, 2018, pursuant Section 65858 of the California Government
Code, the City Council of the City of Downey ("City Council") adopted Ordinance No. 18-1399,
an interim urgency ordinance, which temporarily prohibits establishing new or expanding
existing massage therapy establishments; and,
WHEREAS, since implementation of this ordinance, the City of Downey has received
requests from applicants of pending massage therapy establishments to be re -branded as "Day
Spas," which are a separate listed use in the Zoning Code. This rebranding is an effort to
circumvent the temporary moratorium; and,
WHEREAS, it is the intent of the City Council of the City of Downey that this moratorium
apply to all businesses that offer massage, including day spas; and,
Attachment
ORDINANCE NO. 18-1401
PAGE 2
WHEREAS, Interim Urgency Ordinance No. 16-1399 is set to expire on November 23,
2018; and,
WHEREAS, based on the Report, the City Council has determined that the
circumstances and conditions that led to the adoption of Ordinance No. 18-1399, which are set
forth in the aforementioned recitals have not been alleviated as of the date of this Ordinance
and continue to create concerns; and,
WHEREAS. the City now seeks to extend the temporary prohibition on massage therapy
establishments (including day spas that offer massage), as currently authorized under
Ordinance No. 18-1399, to continue studying possible amendments to the Downey General
Plan and the City's zoning regulations to help ensure that all secondary effects are properly
mitigated; and,
WHEREAS, extension of the Interim Urgency Ordinance is needed to prevent any
further degradation of the City, to prevent additional negative secondary effects on the
community, and to give the City sufficient time to study potential mitigation; and,
WHEREAS, notice of a public hearing was published as a '/8th page ad in the Downey
Patriot on November 1, 2018. The City Council held the duly noticed hearing on November 13,
2018 and after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing adopted this ordinance; and,
WHEREAS, based on the foregoing, the City Council finds and determines that the
immediate preservation of the public health, safety and welfare requires that this interim urgency
ordinance be enacted pursuant to Downey City Charter Section 511, Government Code section
36937(b) and Government Code section 65858, and that this ordinance shall take effect
immediately upon adoption so that the City may study potential impacts that the operation of
massage therapy establishments have on the community. Therefore, this interim urgency
ordinance is necessary for the immediate preservation of the public peace, health, safety and
welfare and its urgency is hereby declared.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds that the above recitals
are true and correct and are hereby incorporated by reference.
SECTION 2. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3. Pursuant to Government Code section 36937(b), this urgency ordinance is
necessary for the immediate preservation of the public peace, health, and safety in that
massage establishments are associated with negative, secondary effects including human
trafficking and prostitution. Multiple prostitution arrests have been made at massage
establishments in the City, and such illicit activity harms trafficking victims, City residents,
visitors, and the business community. Moreover, pursuant to Government Code 65858(a), this
urgency ordinance is necessary to protect against a current and immediate threat to the public
ORDINANCE • 00
PAGE 3
health, safety, and welfare including illicit activity that is associated with massage
establishments, As such, the City requires time to study the impacts that operation of the
massage therapy establishments have on the community.
SECTION 4. From and after the effective date of this Interim Urgency Ordinance, the
City shall not (1) process or approve any new establishment or expansion of a massage
establishment use (including day spas that offer massage) and shall not (2) process, approve or
issue any permit, variance, building permit, business license, tenant improvement permit,
license, or other applicable entitlement for the establishment, operation, expansion, or
modification of a new or existing massage establishment use (including day spas that offer
massage) within the City.
SECTION 5. This moratorium shall apply to any application that has already been
deemed 'complete' by City staff, but has not been approved by the Planning Commission before
the effective date of the Interim Urgency Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption if
adopted by at a least four-fifths (4/5) vote of the City Council and shall extend Interim Urgency
Ordinance No. 18-1399 for 10 months and 15 days (expiring October 8, 2019) unless further
extended by the City Council as pursuant to Government Code Section 65858.
SECTION 7. Ten days prior to the expiration or any extension of this Ordinance, the City
Council shall issue a written report describing the measures taken to alleviate the condition
which led to the adoption of the Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause or phrase of this
Interim Urgency Ordinance is declared by a court of competent jurisdiction to be unconstitutional
or otherwise invalid, such decision shall not affect the validity'of the remaining portions of this
Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim
Urgency Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases, or portions be
declared invalid or unconstitutional.
SECTION 9. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
SEAN ASHTON, Mayor
ATTEST:
Aft ALICIA dtJAl�i"E, CIVIC
City Clerk
:1-ftel M,
ti A •, 0 1
"'"154INWO 5=0eig
VALS] a PLOWTJ 10
I HEREBY CERTIFY that the foregoing Interim Urgency Ordinance No. 18-1400 wIT
idopted at a Regular Meeting of the City Council of the City of Downey held on the 13th day
November, 2018, by the following vote, to wit:
AYES:
Council Members:
Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton.
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN:
Council Member:
None.
I FURYAER CERTIFY that a Summary of the foregoing Interim Urgency Ordinance No.
18-1400, was published in the Downey Patriot, a newspaper of general circulation in the City of
lowney, on November 15, 2018 (including the vote thereon). It was also posted in the regular
i,osting places in the City of Downey on the same dates.
A ALICIA DUARTE,�M
City Clerk
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING A TEMPORARY MORATORIUM ON NEW AND
EXPANDING EXISTING MASSAGE THERAPY ESTABLISHMENTS
WHEREAS, massage therapy establishments are regulated through various sections of
Article IX of the Downey Municipal Code. Additionally, the licensing of individual massage
therapists is regulated through the Downey Municipal Code Section 6553 et, Seq.; and,
WHEREAS, S13 731 (Chapter 384, Statutes of 2008) and subsequent legislation
prohibited cities from requiring licenses or permits of holders of California Massage Therapy
Council (CAMTC) certificates; and,
WHEREAS, there has been significant research that demonstrates a correlation
between massage therapy establishments and human trafficking. Specifically, a California
Attorney General report (The State of Human Trafficking in California 2012) noted that
trafficking can occur in a number of places, including massage therapy establishments-, and the
Polaris Project issued a report in 2018 (Human Trafficking in Illicit Massage Businesses) that
found trafficking related to massage therapy establishments is second only to escort services;
and,
WHEREAS, the City Council is concerned that continued growth of massage therapy
establishments can have a negative secondary effects on the health, safety, and welfare of
those who live, work, and visit the City of Downey; and,
WHEREAS, since passage of SB 731, the number of massage therapy establishments
operating in the City of Downey increased from three to 11 (a 266% increase); and,
WHEREAS, it is the City Council of the City of Downey's desire to regulate massage
therapy businesses to balance community needs and to minimize the negative secondary
effects associated with such uses; and,
WHEREAS, immediate adoption of this Interim Urgency Ordinance is needed to prevent
further degradation of the' City, to prevent additional negative secondary effects on the
community, and to give the City sufficient time to study potential mitigation; and,
WHEREAS, based on the foregoing, the City Council finds and determines that the
immediate preservation of the public health, safety and welfare requires that this interim urgency
ordinance be enacted pursuant to Downey City Charter Section 511, Government Code
36937(b) and Government Code Section 65858 and that this ordinance shall take effect
immediately upon adoption so that the City can study potential impacts that operation of the
massage therapy establishments have on the community. Therefore, this interim urgency
ordinance is necessary for the preservation of the public peace, health, safety and welfare and
its urgency is hereby declared.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds that the above recitals
are true and correct and are hereby incorporated by reference.
SECTION 2. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3. Pursuant to Government Code 65858(a), this urgency ordinance is
necessary to protect against a current and immediate threat to the public health, safety, and
welfare. The City requires time to study the impacts that operation of the massage therapy
establishments have on the community.
SECTION 4. From and after the effective date of this Interim Urgency Ordinance, the
City shall not accept, process, or approve an application to establish a new or expand an
existing massage therapy establishment
SECTION 5. This moratorium shall apply to any application that has already been
deemed 'complete' by City staff, but has not been approved by the Planning Commission before
the effective date of the Interim Urgency Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption if
adopted by at a least four-fifths (4/5) vote of the City Council and shall be in effect for forty-five
(45) days from the date of adoption unless extended by the City Council as provided for in the
Government Code.
SECTION 7. Ten days prior to the expiration or any extension of this Ordinance, the City
Council shall issue a written report describing the measures taken to alleviate the condition
which led to the adoption of the Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause or phrase of this
Interim Urgency Ordinance is declared by a court of competent jurisdiction to be unconstitutional
or otherwise invalid, such decision shall not affect the validity of the remaining portions of this
Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim
Urgency Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases, or portions be
declared invalid or unconstitutional.
SECTION 9. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
PAGE 3
SEAN ASHTON, Mayor
FI a I MR2 9
MA 1-ktA�LICI �OUARAE,CMC�
City Clerk
STATE OF CALIFORNIA ) I
COUNTY OF LOS ANGELES
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Interim Urgency Ordinance No. 18-1399 was
introduced and adopted at a Regular Meeting of the City Council of the City of Downey held on
the 91h day of October, 2018, by the following vote to wit:
AYES:
Council Members:
Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton.
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTAIN
Council Members:
None.
I FURTHER CERTIFY that a summary of the foregoing Interim Urgency Ordinance No.
18-1399 was published in the Downey Patriot, a newspaper of general circulation in the City of
Downey, on October 11, 2018 (including the vote thereon). It was also posted in the Regular
posting places in the City of Downey on the same dates.
A4W;kD II DIJARM, CMC
City Clerk