HomeMy WebLinkAboutPC Reso 19-3101RESOLUTION NO. 19-3101
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A
MUNICIPAL CODE AMENDMENT (PLN -19-00118), THEREBY AMENDING
VARIOUS SECTIONS OF ARTICLE VI AND ARTICLE IX OF THE MUNICIPAL
CODE REGARDING REGULATIONS FOR THE ESTABLISHMENT AND
OPERATION OF MASSAGE ESTABLISHMENTS.
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
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'/8t" 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.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission 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
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 VI of the
Downey Municipal Code as provided below. New text is identified with an underline and red font
color and deleted text is shown with a strikethro gh; 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:
a) "Chief of Police" shall mean Citv of Downev Chief of Police or his or her desianee.
(b) "Customer' shall mean the same as "patron" which shall mean any person on the
premises_ as m 9 operating, hours who is. not an owner,employee,
of a massage establishment during
independent contractor, or vendor of the massage establishment.
(c) "Employee" shall mean any person who is employed by a massage establishment.
(d) "Health Officer"' shall mean the Lias Angeles County Health Department officer
responsible for inspecting massage establishments in Downey, or his or her designee.
WLeJ "Massage" shall have the same definition as "massage services," as provided in
Downey Municipal Code Section 9402.04(1).
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Downey Planning Commission
(1;4 "Massage establishment" shall have the same definition as provided in Downey
Municipal Code Section 9402.04(L).
{PJM "Massage practitioner" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(J).
04021 "Massage services" shall have the same definition as provided in Downey Municipal
Code Section 9402.04(1).
(�}Ll "drags;„nal ma66agesa.rn at'G association'""California Massage Therapy Council" shall
have the same definition as provided in Downey Municipal Code Section 9402.04(K).
(f)- `°Sc,hool providing -massage instruction" shall mean- an--educat+enal--institution-which meets
aWea St-th enol l owi n g—CFi teFi a
{-1-) Isr-accredited-by-a-recogn+zed-state-on-national--accrediting-body.
(2) Re quire6 at Ired4600)-hauFs id4e-if {e-Ertudy Gf
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(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,�FFn massage services sr
ethepwise-ao"s--a massage-pr-actitisneiT within the City without first obtaining a permit for those
activities from the Chief of Police or his or her designee. Notwithstanding the provisions of this
Chapter, all massage establishment operators, and massage practitioners who work as
independent contractors must obtain a business license from the City of Downey before
commencing any commercial activity within the City. All new massage establishments and
massage practitioners are subject to all standards set forth in this chapter. All existing massage
establishments and massae practitioners must comply with all provisions of this chapter within
two years of adoption of this Ordinance. (Added by Ord. 419, adopted 5-8-72; amended by
Ord. 1049, adopted 4-28-98)
SECTION 6553.2. PERMITS REQUIRED: EXEMPTIONS.
The provisions of this chapter shall not apply to the following persons_ when engaged within the
scope of their respective duties.
(a) The provisions of this chapter shall not apply to cosmetologists; and barbers; Gr -who
are duly licensed by the State of California. This provision shall apply solely to the massaging of
the neck, face, -scalp and hair of the customer or client.
(,)(b) 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
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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
fi34jQ 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)
(c) The provisions of this chapter, as it relates to the requirement for obtaining a permit to
operate a massage establishment shall not apply 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 any person other than a state certified massage professional to engage
in the commercial practice of massage.
(b) It is unlawful for any person to own, operate, or maintain a massage establishment
unless each person engaging in massage at the establishment is a state certified massage
professional.
(c) It is unlawful for any owner or employee in charge or control of a massage establishment
to employ or permit a person who is not currently a state certified massage professional to
engage in the commercial practice of massage on the premises on the massage establishment.
6553.5 PERMITTED LOCATIONS FOR MASSAGE
(_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.
(b) No massage establishment shall be established, expanded, or altered in a manner that
requires a building permit without first obtaining a written determination by the Community
Development department that the establishment complies with the requirements of this Code.
Upon request for a business license the owner oroperator shall submit a site Ian to the
Communis Development Department depicting how the establishment will comply with this
Code.
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
Municipal Code Amendment (Massage Establishments) - PLN -19-00118
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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 by all
persons required to pass 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
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{6}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
(e}f!Q 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
(f3Lel 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
(g)Mf 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
(h3fM A list of any pending charges or proceedings involving the applicant for violation of any
of the following sections of the California Penal Code: 266i, 315, 316, 318, or 647(b) and/or
California Health and Safety Code Sections 11054, 11055, 11056, 11057, 11058; and
(+)Lhl 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
4)Qi Proof that the applicant is over the age of eighteen (18) years; and
(1k)M An accurate statement of each residence of the applicant for the five (5) years
immediately preceding the date the application is submitted; and
(f)fkl Two (2) passport -quality photographs of the applicant; and
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(m)fD 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(1), or any similar services held
by the applicant for any period during the five (5) years immediately preceding the date the
application is submitted; and
(a)Lmj 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
{e3Lnj 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.
(OLoj 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 6654.1. 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 2661, 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, to perfwn mas���
etlal wise -r-t' raet4ier+er, 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: 2661, 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
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punishable under any of the following sections of the California Penal Code: 2661, 315, 316,
318, or 647 (b).
(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.
(f) Making any false statement on or in connection with the permit application or permit.
(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) 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) �•
6554.2 BACKGROUND CHECK RENEWAL
(a) Any person required by this Chapter to obtain background check approval shall submit
an application for renewal to the Chief of Police or his or her designee no sooner than 60 days
and no later than 45 days prior to the expiration of the previous approval.
(b) A renewal application must be accompanied by proof of payment of a_renewal
application fee established by Council resolution and the information and items required for an
original application, except no additional photographs or fingerprints will be reguired_if current
versions of these are already on file with the City.
(c) Background check renewal applications shall be reviewed in the same manner and on
the same terms as an original application.
6554.3 BACKGROUND CHECK REVOCATION
(a) A previously approved or renewed background check may be revoked if either:
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1. One or more of the findings required to approve or renew a background check can no
longer be made; or
2. The background check was approved or renewed, in whole or in part, on the basis of a
material misrepresentation or omission.
(b) If the City determines that grounds for revocation exist, a Notice of Revocation shall be
posted at the location of all massage establishments owned or operated by the applicantand
mail a copy of the notice~ by certified mail and regular mail, postage prepaid, addressed to the
applicant at the address that appear on the latest application. The Notice of Revocation shall'
state the basis for revocation and include a copy of this Section. The applicant may submit to
the City Clerk a request for a hearing not later than 10 days of the date of the Notice of
Revocation. The request must be made in writing. If the applicant fails to re nest a hearing
within 10 days of the date of the Notice of Revocation, the revocation shall be final.
(c) If the applicant submits a timely request for a hearing, the hearing shall be scheduled to
occur not later than 30 days after receiving the request. Notice of the time and place of the
hearing shall be given to the applicant by personal service or via certified mail and regular mail,
postage prepaid, at least 10 days in advance of the date set for the hearing.
(d) The Chief of Police or his or her designee, along with the City Planner, shall conduct the
hearing and receive oral testimony and other evidence. The Chief of Police and City Planner
shall not be bound by the statutory rules of evidence in the conduct of the hearing, except that
hearsay evidence may not be the sole basis for revoking background check approval.
(e) The Chief of Police or his or her designee, along with the City Planner, shall make their
determination based upon the evidence presented in the record of the hearing and within 15
days of the conclusion of the hearing. The decision shall be in writing and shall contain written
findings of fact and their conclusions. The decision shall be served upon the applicant by
personal service or via certified and regular mail, postage prepaid sent to the address of the
applicant contained in the application_. The decision shall be effective upon personal service or,
if service is by mail, then 2 business days following deposit with the United States Postal
Service.
65_54.4 APPEALS
a Any decision to deny or revoke background check approval or renewal after a hearing
has been held with the Chief of Police and City Planner, may be appealed by the applicant in
accordance with this Section. The appeal must be filed in writing with the City Clerk not later
than 10 days following the date of the notice of the determination. The written appeal must
specify the basis for the appeal and the action requested. If no such appeal is timely filed, the
decision shall be final.
(b) If the applicant submits a timely written appeal, the City Manager shall schedule a
hearing on the appeal to occur not later than e45 days after receiving the appeal. Notice of the
time and place of the hearing shall be given to the applicant by personal service or via certified
mail and regular mail, postage prepaid at least 15 days in advance of the date set for the
hearing.
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(c) The hearing on the appeal shall be de nova. The City Manager, or his or her designee,
shall act as the Hearing Officer and shall receive oral testimony and other evidence. The
Hearing Officer shall not be bound by the statutory rules of evidence in the conduct of the
hearing, except that hearsay evidence may not be the sole basis for revoking background check
approval.
The Hearing Officer shall make his or her determination based upon the evidence
resented in the record of the hearinp and within 15 days of the conclusion of the hearin . The
decision shall be in writinq_and shall contain written findings of fact and his or her conclusions.
The Hearing Officer's decision shall be served upon the appellant by personal service or via
certified and regular mail, postage prepaid sent to the address of the applicant contained in the
application. The Hearing Officer's decision shall be effective upon personal service or, if service
is by mail, then 2 business days following deposit with the United States Postal Service. The
decision shall be final and conclusive and shall not -be appealable to the City Council.
SECTION 6555. REGULATIONS.
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Each massage establishment operator is required to obtain a business license and, prior to
issuance of a business license the operator must provide a business plan, along with a floor
plan, to identify the establishment will operate in compliance with all regulations set forth in this
Chapter.
(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.
(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 required; and
(2) A list of all the names of those persons providing massage services at the location for
whom a massage practitioner permit has been issued. The California Massage Therapy Council
Certificate and photographs for each person providing massage services at the massage
establishment must be displayed prominently on the premises in a location that can be readily
viewed by customers or City representatives.
(d) All massage practitioners who operate as independent contractors must obtain a
business license before commencing work at any massage establishment location or any
location where permitted as an accessory use as set forth in Section 6553.2.
6555.1 Massage Establishment Operating Requirements
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(a) A list of all persons providing massage services at the establishment, including each
,person's full true name and other names used, photograph, and certificate from the California
Massage Therapy Council must be provided to the Director. Any changes to the persons
providing massage services must be reported to the Director within 10 working days of such
change.
(b) A list of the services provided to the public and the prices and minimum lengths for each
must be available to the public in a conspicuous location on the premises.
�c) Each massage establishment must keep a written record of the date and hour of each
massacre, the name and address of each customer, the name of the state certified massage
professional administering the massage and the type of massage administered. The records
must be maintained for a period of 2 years. Only those officials who are charged with
enforcement of this Chapter shall inspect these records and no information shall be used for an
purpose other than enforcement of this Chapter. No massage establishment owner or
employee shall utilize the records in any manner unrelated to enforcement of this Chapter.
(d) T-heFe shall be provided in each room, or parto an of a roe rn, wheFe roa6sage -se��
pr®vided,-su#iisier- Ii;n.. andye ilation as r quiFed by thdde Adequate ventilation and
lightin.g must be provided throughout the premises. Ventilation must be in accordance with
Uniform Building Code Section 1105. Lighting must be in accordance with National Electric
Code Article 220; and at least one artificial light of not less than 40 watts must be operative in
each room or enclosure designated for massage.
(e) Each room or area in which massage is practiced must have a table designed and
manufactured for medical or massage uses. No mattresses or beds are allowed. Massage
tables must be covered with pads made of durable washable plastic or other waterproof material
acceptable to the Health Officer.
/o�/f� Thom e�1�.�11 hes r�rraatirlandadequate � �}�ing an
�Iste,44zipg4nstFurnents used in perferM tnn M'1CC� ge-seP 1�s-. Instruments utilized in performing
massage must not be used on more than one customer unless they have been properly
sterilized between uses. Adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage must be provided on the premises.
#4LM There shall be provided and maintained adequate bathing, dressing, locker, and toilet
facilities for patrons.
{g�-Lhj 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.
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GGmnqen , of towels or linens shall not be permitted-. Each massage establishment must be
equipped at all times with an adequate supply of clean sanitar towels coverings, and linens.
Clean towels, coverings, and linens must be stored in cabinets. Towels and linens must not be
used on more than one customer or client, unless they have first been laundered and
disinfected. Disposable towels and coverings must not be used on more than one customer or
client. Soiled linens and paper towels must be deposited in separate, approved receptacles=
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d { )W 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)
(k) Two or more customers may be provided massage services in a single room only if a
state certified massage professional is present in the room at all times with the customers. No
persons other than those receiving a massaeparents or guardians of a minor who is receiving
a massage, and those administering a massage shall enter or remain within a room where a
massage is being given takesplace.
(1) No person shall engage in any of the following sexual activities on the premises of the
massage establishment: fondling or other erotic touching of specified anatomical areas-, sex
acts including, without limitation, intercourse, oral copulation, or sodomy; or masturbation.
(m) No owner, employee, or independent contractor of a massage establishment shall
expose his or her specified anatomical areas in the presence of any customer or guest or make
intentional physical contact with the specified anatomical areas of any customer or quest.
(_n)_ Each customer's genitals must be fully covered at all times. No person shall massage
the genitals of any customer. No person shall massage any female customer whose breasts
are not covered by a sheet or other opaque clothing: No person shall massage any female
customer's breasts.
(o) All employees must be dressed in clean, opaque outer garments coveringthe he body from
knee to neck, excepting hands and arms, at all times while on the premises.
(p) Each employee must be provided individual lockers on the premises of the massage
establishment.
(g) No person shall enter, be, or remain in any part of a massage establishment while in the
possession of, consuming or using alcoholic beverages or controlled substances except
pursuant to a prescription for medication. The owner, operator, responsible managing
employee, or manager must not allow any person in violation of this subsection to enter or
remain upon the premises.
(r) No massage establishment shall o erste as a school of massage or use the same
facilities as those of a school of massage.
(s) Na massage establishment shall place, publish or distribute, or so direct or permit, any
advertising matter that depicts any specified anatomical areas as defined in Section 9402.04 of
Article IX. -
(t) All exterior doors shall remain unlocked during business hours from the interior side
except when no staff is available to ensure the security of clients and massage staff who are
behind closed doors.
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Resolution No. 3101
Downey Planning Commission
SECTION 6555.4.2. INSPECTIONS.
The 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 Health Officer and every person authorized pursuant to this Code to enforce
this Chapter shall each the right to inspect any massage establishment for the
purpose of ensuring compliance with all applicable laws and regulations at any time that
the establishment is open,
SECTION 6556. REGULATION OF BATHHOUSES AND SIMILAR ESTABLISHMENTS.
(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
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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 (6) 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.
(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 the
premises is declared to be a public nuisance. As such, bathhouse and similar estabiishments
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
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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:
SECTION 9314.04. COMMERCIAL ZONES USE REGULATIONS.
General Commercial Uses
Massage therapy NP NP C C C NP Subject to standards set
establishment forth in Chapter 5 of Article
VI of the Downey Municipal
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 c+rikethro gh; the amended definitions are proposed to read as follows:
0) "Massage practitioner" shall have-the-same-defin,tion-as-provided-in-Downe)tMunicipal
Code -Section -9402404(J): shall mean any person certified as a Massage Practitioner or
Massage Therapist pursuant_ to Section 4601 of the California Business & Professions Code or
anv successor statute.
(k) "'Prefessionai-xrtassage/somatic-assooiationLshall-have-the.-same.definition as provided- -in
Downey-Mufl€coal Cede-SestiGn-940 04(# )-."California Massage Therapy Council' shall mean
a nonprofit organization stablished by Business & Professions Code Section 4602(a) to carry
1 out the responsibilities and duties set forth in Business & Professions Code Sections 4601
through 4621.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21St dppy of August, 2019.
an
ity
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 21St 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 A
4)q, Od,�l r
Mary Ca anagh, Secretary
City Planning Commission
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