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HomeMy WebLinkAboutMassage and Health Product Retail Store 74121 Hwy 111 i , J CITY OF PALM DESERT Z/11- DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PHILIP DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 25, 1997 SUBJECT: PROPOSAL BY DESERT MASSAGE ASSOCIATES FOR A UNIFORM VALLEY- WIDE MASSAGE THERAPY ORDINANCE AND REQUEST FOR EXEMPTION FROM CURRENT LOCATIONAL RESTRICTIONS TO OPERATE A MASSAGE ESTABLISHMENT AND HEALTH PRODUCT RETAIL STORE AT 74-121 HIGHWAY 111 . RECOMMENDATION: A. By minute motion, grant Mrs. Yamada an exception to the locational criteria allowing her to open her business based on her professional reputation and requirement that all her therapists possess at least 500 hours of training. B. Direct staff to work with Mrs. Yamada, the resort and spa industry and the sheriff to develop an amended ordinance consistent with the current status of the massage profession. II. BACKGROUND: Currently our municipal code puts massage in the same category as bath houses and escort services. Massage therapists are subject to extensive criminal background investigations by the sheriff which includes fingerprint clearance through the Federal Department of Justice. In addition they are required to have up to 500 hours of training by a licensed education institution. Despite these legal and professional safeguards, the locational criteria continues to limit massage establishments as if they were engaged in immoral or illegal activities. They cannot be within 1 ,000 feet of a church, school, government building, restaurant, or bar. I , 1 STAFF REPORT UNIFORM MASSAGE ORDINANCE SEPTEMBER 25, 1997 Since our ordinance was adopted, the various forms of massage therapy have become an integral part of resort services offered by most of our hotels, beauty salons, and health spas. Many exceptions have been granted, and our background clearance process has succeeded in preventing illicit activities. Masau and Kelly Yamada of Desert Massage Associates have proposed that it is time to establish a consistent valley-wide model ordinance which sets professional uniform licensing standards for what is now an important resort service. In the attached material, Mrs. Yamada describes the current status of the valley's massage profession and has drafted a model ordinance which contains strengthened professional standards but deletes the locational criteria associated with illicit activities. She is also requesting an exemption from the locational criteria in the current ordinance so that she may open a massage, exercise and health product store on Highway 1 1 1 . The attached material describes the proposed use in detail. The Planning Commission has approved a conditional use permit based on zoning issues. Approval of the massage permit is required as a condition. Mrs. Yamada is currently licensed in the city to do massage and has an extensive and outstanding professional local reputation. PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT /tm CITY COUNCIL ACTION: I APPROVED 1/ OTHER RECEIVED MEETI DATE - AYES: ( �� ESgit NOES: ABSENT: J ABSTAIN: [ 1 _ VERIFIED BY: S T)riginal on File with City Clerk's Office 2 All About Massage A proposed Massage/Health Establishment in Palm Desert. Background: Masaru & Kelly Yamada of Desert Massage Associates are Certified Massage Therapists with over 800 hours of training in Massage each, plus 9 years of experience. We are licensed for massage in the cities of Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta and Riverside County, most of these licenses have been held for 6 years or more. We started as employees of the Marriott's Desert Springs Resort Spa. Kelly was a Program Supervisor in the Spa and was a key member is opening the Spa facility, then continued as a Massage Therapist. Masaru was a Massage Therapist for the men's spa. We worked there for more than 2 years, then for 2 years at Palm Valley Country Club, Westin Mission Hills - Aida Grey Salon, and The Ritz Carlton. From 1989 we began to develop our local massage clients and relationships with other resorts. In 1991-we started our own company - Desert Massage Associates. Desert Massage Associates operates as a Sole Proprietorship. We currently function out of our home office in Bermuda Dunes. The office address is 79-880 Camelback Dr., Bermuda Dunes, CA 92201. Kelly Yamada is the CEO for All About Massage/Desert Massage Associates. Masaru Yamada is the VP of Operations. We have a full time office manager - Sue Seger and a full time Sales and Product Manager - Joanne Farmer, plus after hours answering service. We have grown and developed every year. Masaru & Kelly are still full time working therapists as well as the business owners. We now have more than 12 Massage Therapists working with us as Independent Contractors on a variety of schedules, plus a backup up list of 35 therapists to help with large group services. We have a local client mailing list of over 500 clients who have used our services in their homes or clubhouse. We currently provide all the massage services for the Rancho Las Palmas Marriott, the Doubletree Resort, Indian Wells Resort and Del Webb's Sun City Palm Desert. We also supplement the existing facilities at the Marriott's Desert Springs Spa and Villa's, Renaissance Esmerelda Resort, Westin Mission Hills, Hyatt Grand Champions, and the La Quinta Resort. The concierge or spa staff will call us directly for In-room treatment requests, evening appointments, as backup in the spa facility for staffing shortages and to help with convention group business and holiday overflow. We have develop solid relationships these high end properties and work constantly to keep them happy with our quality, service, convenience and professionalism. The number of massage treatments provided per year has increased by an average of 40 % per year for the past 3 years. Total treatments for 1994 - 1923, 1995 - 2772, 1996 - 3376, and Jan. to June 1997 - 3120 - almost as many as all of 1996!. We have worked on many celebrities/VIP's in all walks of life - movies, entertainment, government, sports and business - including President George Bush, local residents Andy Williams and Alan Paulson, Andre Agassi, Chi Chi Rodriquez, Joe Pesci, Richard Dreyfus, Carrie Fischer, Melanie Griffith and many more. During the slower summer season, Masaru often goes to L.A. to work on some of the above clients. We have been selling Massage related products and equipment for the past 3 years, mostly to therapists who work with us. We currently are distributors for more than 10 major companies, and offer bulk/wholesale rates for other spas retail or treatment needs. We are also working with many of the spas in the areas for their renovation equipment needs - (The Spa Hotel and Desert Hot Springs Spa Hotel) , and for new spas to come - (Marriott's Rancho Las Palmas and the La Quinta Resort Spa) expansion, plus provide retail products for the Hyatt Grand Champions Fitness Center, The Guest House, and The Ritz Carlton Spa. We also carry the day to day consumable products, such as massage oils for local therapists, and home use or gift items for clients. Kelly has been a Certified Infant Massage Instructor for the past 8 years. She has offered classes through Desert Hospital in Palm Springs and St. Margaret's Episcopal Church in Palm Desert. There have been 3 large newspaper articles about her work with parents and children, and she is a regular guest speaker at COD's Child Development Center classes. She also specializes in Pregnancy Massage. Masaru is also taking preliminary classes to enter an Acupuncture School and specializes in Sports Massage and Shiatsu. Company Direction: All about Massage is a natural progression from this existing business. We need more space for the office, a professional area for the sales, a space for clients L to come to us, and the opportunity to offer a variety of classes for the public. It will function as a separate business, as a sole-proprietorship. The Massage therapists may work for both companies, although in the facility they would be employees, and with the outcall treatments they would remain Independent Contractors. They all have their own licensing, liability insurance and 500 hours of training or more. 1. All about Massage will be a multi-use facility offering any equipment, products and supplies related to massage and spas. This would include Massage Tables, Massage chairs, bolsters, pillows, linens, music, books, relaxation or instructional videos, aromatherapy supplies, face and body lotions, oils, cremes, spa treatment supplies, wheels, table covers, massage tools, Panasonic massage chairs and tools, steam and sauna units, gift items and more. We select items that we personally can recommend and will offer to beat or match any published prices. We will also produce a catalog and process mail orders for repeat buyers. 2. We will also have a massage treatment areas with showers available. There will be six massage rooms, two of which could be used for facials or spa type body treatments - herbal wraps and body scrubs, etc... We will offer a variety of Massage and relaxation related community education classes in our 500 square foot education space. 3. This would include: Yoga, stretching, Tai Chi, prenatal exercises, healthy back and good posture classes. 4. On-going classes in Infant Massage, Self Massage for stress relief, Couples Massage and other workshops. Also Massage and Health related seminars: Massage and Senior Citizens, Massage and Plastic Surgery, Benefits of Chiropractic, Massage and Cancer, etc... 5. Plus professional workshops or meetings for local therapists - such as Reflexology, Aromatherapy, Self Defense for Women, Chair massage and more. 6. Chair massage: We offer Convention related services for the resorts in the area. We supply Massage Therapists for large group bookings, we will offer seminars for the convention participants, and chair massage for their exhibit halls, L r / or parties, and Gift ideas for their participants. We currently work with California Leisure in this capacity. We use the chair massage for local professional offices as well. 7. Facility rentals: Desert Resorts School of Somatherapy - a local massage school, plans to offer some of their lecture classes - such as Anatomy and Physiology at this location. 8. Office rental: Desert Massage Associates will be renting the office space to move out of the home office. Market factors The public is more interested and informed than ever about massage and eager to learn more for their own personal use and stress relief. Aromatherapy massage and products and relaxation music are especially popular now. Many Health Care professionals - Chiropractors, Dentists, Orthopedic Specialists, Podiatrists, Physical Therapists, Psychologists, Counselors, Acupuncturists and more, are commonly recommending massage for their patients. Most insurance does not cover routine massage, so physicians do not offer it consistently in their own offices, and need a place to send clients for guaranteed quality treatments. Since Palm Desert is such a high profile Resort community, attracting golfers, vacationers, and part time residents, Massage is a natural addition to the community. We plan to educate the community in what Massage really is All About. Client Profile: The clients who will primarily use our facility will consist of: Local business professionals. male & female. 35-60 years old, with mid to upper income and health conscience lifestyle. T'ney may not belong to a health club and don't want to go into a Salon/Day spa. they just want a good massage. Plus gift _ p _ .. buyers for fellow stressed out professionals. Local parents who cannot relax in their busy homes, repeat clients and those not willing_ to pay resort prices. Tennis players and golfers Vacationing clients staying at a hotel without a spa, or not wanting to pay resort prices. For example Holiday Inn, Embassy Suites, Miramonte and others. Massage enthusiasts will come to try out our wide variety and unusual styles of massage and meet our local experts in a variety of massage modalities, such as: Pregnancy Massage, Accupressure/Shiatsu, Sports Massage, Reflexology, Polarity, and more. Health conscious adults wanting to learn massage techniques and applications for themselves and their families, and learn some self relaxation techniques Professional Massage Therapists and Spa management will come to stock up on the latest and best equipment, products and supplies at reasonable prices. There are over 500 massage therapists in the area. Competition: Products and equipment: There is currently no retail massage store with a complete line of inventory closer than San Diego. Several individuals offer a few products out of their home. Bodywork Emporium in Los Angeles has the biggest chain of stores -(6),that would be similar in concept to All About Massage. They have no current plans to expand into the Desert. Treatments: Most of the resorts and clubs offer massage treatments now, but their facilities cannot accommodate the demand, so they would refer to us anyway and we can offer a choice of location to the client. We will charge $65 per hour in our facility, which is comparable to other Day Spas in Palm Desert, and we usually have more qualifies therapists since we can provide a diversity of work opportunities. Convention Services: We have worked for several years with California Leisure for their theme parties. There is one other massage company offers chair massage, but cannot provide the equivalent in quantity, service, and experience. So far in 1997, we have worked with group of up to 175 clients in one afternoon. We can also provide corporate gift ideas, discount rates and gift certificates. Community Education: The only competition is the Desert Resorts School of Somatherapy with a curriculum limited to professional education and certification. Tney will send specialty workshops to us and rent space for some of their textbook based classes. Strength: Desert Massage Associates has the best reputation in the desert for highly skilled, professional mannered, reliable massage therapists. The convenience to reach us anytime of day with a personal response - not a machine. The large variety of products and services will cross-sell each other. . A client will be able to come to our facility and find anything they need related to Massage. We have lived in the desert for 10 year, have a successful growing business for 5 years, with many varied contacts in the community. We have established referral sources. Weaknesses: The seasonal nature of the work and managing summer cash flow can be complicated. In offering so much variety we need to be focused to stay on top of all projects and services. Location: The current space we are leasing is located at 74-121/125 Highway 111, east of Portola in Palm Desert. It is 2 spaces combined to 4200 square feet, with currently three restrooms and one shower. The landlord will check the roof, paint the building and pave the parking area also. We will be making many Tenant Improvements to adapt it to our use and to make it upscale in style. Our current initial estimate of construction - TI costs are about $35000.00. This includes adding one more shower, laundry hook-up, staff lounge, office for Desert Massage Associates, classroom space - 500 square feet, and 6 treatment rooms of 96-100 square feet each. The rest of the floor space will be for retail display and clerical. Please see the attached initial drawing. There is a paved lot in front marked for 8 spaces, plus a lot in back to accommodate 10 spaces. There is also marked street parking available across the frontage road. We would like to open this facility in October of 1997. The daily use of the building will vary with the time of day and the time of year. Popular classes would be held in the morning - such as yoga and stretchinc7: Massage school extension classes in the afternoon, and seminars and community education in the evening from 6 or 7pm. Professional workshops are usually 2-3 days on the weekends. Popular times for massage treatments are 9-1 tam. 3--pm and weekends. Retail sales would vary, with more traffic on the \yeekcnds. Store hours would be from 8 or 9am to 7 or 8pm, 7 days a weeks, and would vary by • season. It would compliment the Aerobic Mart across the street and the Dental/Professional offices in the back. J c i 0 -, Z 4 / S' /s N ' e Rvvr-'1..51.., cL, , ):: ;41., ,!04 r C V /,1_, "11 71 3, X N N(Ai ,•= f 7`5c) - \\sols .3 C.WY Zr,INC.) ::a ON ) It 110.01/^4 ,i e)(ty ft.i_h4 \\k Ls‘1 (.€\sir A+1 S Z 1 •17 L 1-• --- - i 1--- - - •--— .oz‘ 4-- ----; i-- ! -44kAP-4 'rYiVc.,07.1 —^ i. r a , 6 -A.-."i4 _S I. 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Kelly was one of the original Supervisors in the Women's Spa and Masaru worked with the Mikado Restaurant, then transferred to the spa after becoming a Massage Therapist. When they left the spa to work at other facilities and eventually to develop their own business, they maintained a good relationship with our facility. As the demand for massage has outgrown our facility, we began calling them to accommodate our clients in the client's hotel room or Villa. We have been very happy with the services provided by them and the therapists who work with them. We know they will send well trained, professional therapists, who can take care of our clients in the manner they would expect from our world class facility. We now count on them more than ever. They have helped us to accommodate 4-5 very large groups this Spring, filled in for sick or absent employees in the Spa, consulted with us regarding equipment and supplies, and continue to provide the In-room treatments as a valuable service to our guests. So far this year, they have done more than 800 treatments for our guests. We see a need for the type of facility they are proposing and wish them the best of luck in this endeavor. We would confidently recommend them and their business for consideration in any financial or licensing issues which may apply. Sincerely, Kim Cadra Executive Spa Director • RANCHO .NAIRACE 41000 Bob Hope Drive RANCHO Rancho Mirage,CA 92270-4497 LAS PALMAS arrio tt (760)568-2727 RESORT FAX(760)568-5845 June 9, 1997 To Whom It May Concern: Masaru & Kelly Yamada of Desert Massage Associates have been the exclusive providers of massage services for the Marriott's Rancho Las Palmas Resort for the past 5 years, providing about 800 treatments per year. Since the resort has not had a spa facility, all appointments have taken place in the guests' rooms, or with a massage chair by the pool and for convention groups. They have a large crew of licensed and insured Massage Therapists working with them (12-15 independent contractors), to accommodate the large demand for massage. We are very happy with our working relationship with Desert Massage Associates, they have proven themselves to be responsible, reliable and professional in their dealings with the staff and the guests of our resort. There has never been any question regarding the "legitimacy of their operation", or any complaints of a serious nature regarding their services. We wish them luck in their professional expansion into their own facility in Palm Desert. Even though our resort is planning its own spa facility in the near future, we intend to continue our professional relationship with Desert Massage Associates. Please feel free to call for further information. Si cerely, Ronald E. Franklin General Manager REF/vc Sun City Palm Desert Community Association June 10, 1997 To Whom it may concern: I have known Masaru and Kelly Yamada of Desert Massage Associates for four years as the Fitness Center Director at Del Webb's Sun City Palm Desert. They were recommended to me by the Marriott Desert Springs Spa. They provide massage services for our residents in the Fitness Center's Massage Room, which they have equipped, or in our Vacation Villas or in the resident's home. They typically provide for us more than 200 treatments per year. They have also donated time to provide massage for our special events using a special massage chair, which is appropriate to do anywhere. They have also been hired by our Administration and Sales Department to provide chair massage for the employees. They are very good with our older residents and take into consideration all of their medical conditions and needs. They almost always have someone available to accommodate the appointment requests. The residents are very happy with their services and the therapists are always very appropriate and professional. They have many devoted and regular clients, who refer them to family and friends when they visit. We have never had any complaints about them or the therapists who work for them. We are looking forward to seeing their proposed new retail outlet and facility and would recommend them for consideration in any financial or licensing issues. We foresee working with Desert Massage Associates for many years as our community grows and develops. You may reach me at 772-2240 for further information. Healthfully Yours, Lauren Mackenzie Fitness Director Del Webb's Sun City Palm Desert Community Association 38180 DEL WEBB BLVD. PALM DESERT,CA 92211 (619) 772-2222 FAX(619) 772-2299 ��`T i&Qu , RESORT&CLUB June 9, 1997 To Whom it may concern: ( have known Masaru& Kelly Yamada of Desert Massage Associates for 5-6 years through my position as the head concierge at the LaQuinta Resort. We call their service if our own facility it booked up or closed, and they will accomodate the clients massage in the clients' room. They typically provide for us about 200 treatments per year. They have been especially helpful for our Japanese golf clientele, who speak little English and prefer their massage in the evening. We can always count on them to be reliable and to provide a professional level of service with highly trained Massage Therapists. We have never had any complaints regarding the quality or nature of their services. or in regards to their therapists. In fact,they are the preferred therapists for our celebrity and top executive clientele - such as Joe Pesci,Robert Wagner,Cyndi Lauper, Melanie Griffith. Don Johnson, Drew Barrymore, Doc Severson and more. Vie are excited to hear of their expansion into their own facility in Palm Desert and would highly recommend them for consideration in any licensing or finance issues. Our resort is building a new spa facility in the fall,however there is always more demand at peak times than any facility can accomodate, so we intend to continue to work with Desert Massage Associates for many years to come. Please feel free to call me at 564-7684 for further information With regards, Carol Wucker • L.,'ai ttrgt Carol Wucker 4)a,(� L . a9--i99 Eisenhower Drive , Il _ Post Office Box 69 Concierge V La Quinta.California 92253 tES0RT RT&CLUB La 760.564.4111 Ext.7259 LaQuinta Resort Fax 760.564.5758 Q\ -`'--99 Eisenhower Drive. Post Office Box o•1 I.a Quinta.Cali 92253. d.619.564.41 1 1.Fix 619.56.1.7656 tirTi,"` De424 Re/t 5,43.€ 13090 Palm Drive, Desert Hot Springs, CA 92240 Voice: 760 329-1175 FAX 760 329-5925 Visit our web site at www.cybersytes.com/soma e-mail: ramonam@earthlink.net Tuesday, June 03, 1997 TO WHOM IT MAY CONCERN: I have know KELLY AND MASARU YAMADA for at least nine years, first as students, and since then as colleagues. I have a great deal of respect for their business ability and their integrity. I have watched with interest and pleasure the growth of their business from a small massage service to a significant presence in the resort and hospitality industry in the Coachella Valley. I am a massage educator, owner of a vocational school, and I feel one of the important aspects of their business is that it creates jobs. They have expanded the job market for massage therapists, including graduates of my school, which contributes to the overall improvement of the economy of the Valley. I understand they are interested in expanding into a facility with offices, a retail store featuring massage and spa products and a meeting room. If they do so, I am definitely interested in the possibility of holding some of our classes in their facility. Sincerely, /4640414--0-- Ramona Moody French Director Nil CON RIVER ANDY WILLIAMS THEATRE 27 MARCH 1997 Masaru and Kelly Yamada Desert Massage Associates 79-880 Camelback Dr. Bermuda Dunes CA 92201 To Whom It May Concern: I have known Masaru and Kelly Yamada for five years. They have been coming to our home to offer their services in therapeutic massage for me and my wife Debbie. They are very trustworthy, competent, and professional and I would recommend their services to anyone who would benefit from massage. Masaru and Kelly are legitimate professionals and in no way are associated with the "massage parlors" which our Cityzoning laws have banned. I think that our community would benefit from having the Yamada's massage expertise available here. Sincerely, Andy Willi 2500 WEST HIGHWAY 76, SRANSON, MISSOURI 65616 • (417) 334-1800 • FAX (417) >34-3200 Proposal for Modification of Massage Licensing Ordinances Proposal The development of a uniform system of massage licensing in the following cities: Cathedral City, Desert Hot Springs, Indian Wells, Indio,Palm Desert,Palm Springs, and Rancho Mirage. Background In California,the practice of massage as a profession is regulated by city governments,or by county govern- ments in unincorporated areas. The state has set no guidelines,except for a minimum requirement of 100 hours of training. Therefore, each local government sets its own requirements,varying from 100 hours of training to 1000 hours of training. Since most cities regulate massage as an adult business,cities frequently also require background searches,finger-prints,health exams, photo ID,and references. Rationale _ The field of massage therapy in the U.S. is currently developing at an extremely rapid pace. As research evolves, documenting the efficacy of massage in promoting wellness, enhancing the healing process, and reducing disease-producing stress, standards of licensing must also evolve which reflect the changing role of massage in our culture. In the Coachella Valley, massage is an important part of the hospitality industry,from private practitioners and day spas to large destination resorts. Current Factors in the Evolution of the Field of Massage The practice of massage in the U.S.A. is changing rapidly. Factors contributing to this change include: 1. Proliferation of massage schools,improvement in educational standards. 2. Consequent improvement of professional standards. 3. Increased media attention, public education. 4. Interest in healing modalities used in other countries. 5. Professionals from many fields,including nursing,other branches of health care, athletics,and cosmetolo- gists and estheticians moving into the field of massage. 6. Increasing levels of stress-related disease in our society, increasing understanding of the body-mind connection. 7. Growth of holistic,prevention,and wellness movements. 8. Rapid growth of day spas, resort spas, and service industries in general. 9. Medical research confirming the healing effects of massage. 10. Increased demand by public for massage services. The Need for Regulation In their responsibilities to their citizens, cities must balance: 1. the desire of massage therapists for reasonable licensing procedures which reflect their changing status as health providers,with 2. the need to protect the public both from unqualified therapists and from those who use massage as a cover for illegal activities such as prostitution. Other problems include: 3. Massage licensing does not accurately reflect improved educational standards in massage,or the increased amount of training considered necessary to produce a qualified massage therapist. Once the standard was 100 hours of training,but now national professional massage associations recommend 500 hours of training. Local employers,including most of the resorts in our area,require 300 hours of training as a minimum for entry-level employment. 4. Local massage licensing does not provide adequate safeguards against massage therapists who are not qualified to perform certain massage techniques. The two areas of most concern are lymphatic drainage massage and deep tissue massage,both of which can cause serious harm when practiced by unqualified massage therapists. page 1 of 4 Iaw.gw Monday,April 21,1997 5. Local massage ordinances do not provide the public with an easy way to report problems with massage practitioners such as sexual assault or battery,unlicensed practitioners, or unqualified practitioners. City governments and massage therapists together need to develop a system for reporting questionable practition- ers and revoking their licenses or preventing them from renewing their licenses. One possibility is the funding of a"hot line", similar to the Better Business Bureau. The phone number could be listed in the yellow pages in every massage section. 6. Unlicensed therapists. Complying with the current massage licensing ordinances can be prohibitively expensive,time-consuming,and repetitive. Each city requires a license, and requires such procedures as fingerprints,background searches, and health exams. If a therapist needs a license in several cities(often they are on call at several facilities),the cost and the difficulty can be discouraging. Often the result is that either the therapist doesn't work, or works without a license. The disadvantage to city governments then is that they don't really know who is doing massage in their cities. It is in the best interests of citygovernments and law enforcement agencies to make licensing simple, uniform. and reasonable in cost. PROPOSAL SPECIFICS Uniform procedures 1. License massage as a health-related service,rather than an adult business. This reflects the changing status of massage in the U.S.,but still leaves massage licensing in the control of the city. 2. Identify one agency(perhaps the Riverside County Sheriffs Department)which would be willing to process the fingerprints,background searches and health exams for all applicants for a massage license in any Coachella Valley city. (Since Palm Desert,Rancho Mirage, Indian wells, and La Quinta share police information,and Palm Springs, Coachella, Cathedral City,Indio,and Desert Hot Springs also network information,it might be more practical to have two agencies, one in group of cities.) 3. Allow applicants a limited period of time, perhaps 45 days,to obtain licenses in any of those cities, after receiving the clearance from the central office. After that period,if the therapists desires additional licensing, he/she must repeat the entire process. Education 1. Upgrade education requirements to reflect improved educational and professional standards. We recommend requiring 300 hours of education at a state-approved school for a massage permit and 500 hours of education at a state-approved school for self-employment. 2. Require certificates for each modality of massage a therapist practices. This information can be obtained from the official transcript from the school where the therapist trained. This is both a matter of public safety,and of truth in advertising. Massage schools are heavily regulated by the State,the Council for Postsecondary Private Education, so courses at approved schools at least meet minimum requirements. Unapproved programs are not likely to have any accountability. 3. Require continuing education. Continuing education is available from many sources,including schools, professional associations, related professions such as physical therapy,cosmetology,chiropractic,and in- service training by employers. Certificates of continuing education should include the name of the course,the number of hours of training,the date of the training,the name of the instructor,and the address of the facility offering the training. The number of continuing education hours required could be similar to other profes- sions, such as nurses,who are required to obtain 30 hours every 3 years,or 10 hours every year. Scenario 1. A massage therapist(Ms. Jones)who wants to be licensed in Palm Springs,Cathedral City, and Rancho Mirage, picks up information regarding licensing requirements from one of those cities. li 2. Following instructions in the information,Ms. Jones makes an appointment with the central clearing agency. She pays a fee,fills out a questionnaire,is fingerprinted,and interviewed. 3. While the central clearing agency processes the background check,Ms.Jones schedules a health exam and has the information sent to the clearing agency. 4. When all procedures are completed and background researched,Ms. Jones receives a confirmation letter of clearance from the central clearing agency. page 2 of 4 law.gw Monday,April 21, 1997 5. She then has 45 days to take the clearance letter and proof of education to the cities where she want to do business, to apply for a business license. 6. Each city makes a copy of the clearance letter and proof of education, calls the state to confirm the school is approved, calls the school to confirm the education of the applicant, collects the fee, and issues the license within five business days. 7. Annually,Ms.Jones sends proof of continuing education and the renewal fee to each of the cities in which she is licensed. All the requirements of each city are met, without a duplication of costs and effort on the part of the therapist. She can easily and affordably obtain a license in each municipality where she wants to work, each city is assured that her background and health have been checked, and she meets their education requirements. Cost Recovery 1. There will a saving of time and money since city personnel will spend less time on massage licensing, if background searches and health exams are handled through a central agency. 2. The central clearing agency and each city can recover actual costs through fees collected from applicants. 3. Massage therapists will save fees they have been spending on duplicate background investigations in each city and duplicate health exams. 4. The cost of the investigation of complaints can be recovered through fines imposed by courts. Benefits 1. Cities, resorts and other employers,and law enforcement agencies will benefit from the good publicity resulting from their combined efforts to improve the quality of massage offered in the Coachella Valley. 2. Duplication of effort will be decreased, allowing city personnel more time for other duties. 3. Massage therapists will find licensing easier, less expensive, and more meaningful than previously through more realistic education requirements, elimination of duplicate procedures,and uniformity of requirements. 4. Increased credibility of both the massage profession itself and public safety. 5. Increased accountability of massage therapists. 6. Residents and visitors would benefit from awareness of the above requirements and procedures and will know what to look for in choosing a massage therapist. Miscellaneous Considerations 1. Fees. What would be a reasonable fee for the clearance procedure? It would be important to balance the cities'need to recover costs with the need to make the price reasonable in order to encourage all massage therapists to"get legal." 2. Timing. We recommend researching and implementing these proposals as soon as possible. Each city has constraints which govern the length of time it takes to change ordinances and implement new policies. It would be beneficial if new ordinances and procedures were in place by the start of the next season,Labor Day, 1997. 3. Current licensees who may not meet new requirements. Provision must be made for allowing currently licensed therapists to take any additional course work needed to satisfy new regulations,without losing their licenses in the meantime. 4. Zoning. An unfortunate side-effect of massage establishment regulations is that massage businesses are relegated to unsavory neighborhoods by zoning regulations. While this was understandable when massage was considered an adult business, undesirable in most areas, it is no longer appropriate. a. Massage therapy establishments(clearly oriented toward health and/or beauty)should be allowed to operate in the same zones as other health or beauty related businesses, such as chiropractors,beauty salons, day spas. b. Most cities require massage establishments to be located more than 1000 feet from a business with a liquor license. There are few or no commercial areas that do not have an establishment with a liquor license within 1000 feet. page 3 of 4 Iaw.gw Monday,April 21, 1997 c. It is unnecessary to restrict any massage business in the number of massage rooms permitted. The number of massage rooms does not affect the likelihood of illegal practices. All operations should be inspected regularly and closed down if functioning illegally. d. Massage facilities should be similar to medical offices and/or beauty salons for optimum health stan- dards and sanitation. Locker rooms and showers are not essential to the healthy and safe operation of a massage business. Requiring separate toilet facilities for men and women may be a hardship as most commercial sites have only one restroom. Adding another restroom can be prohibitively expensive for a small business. 5. Communicable diseases,sexually transmitted diseases. Most cities require massage license applicants to have a health exam. While this is reasonable, there is often some confusion about what that means on the part of front desk personnel in city offices. To prevent unpleasant situations where the clerk requires more than the law does and the therapist becomes offended and angry, the following distinctions should be made: a. Communicable diseases are contagious diseases which might be transmitted from one person to another in ordinary contact. For instance,tuberculosis, hepatitis, and AIDS can be transmitted through ordinary contact(although Aids transmission through open cuts on both the therapist's and client's skin is unlikely, it is possible), and therefore it is reasonable to ask the applicant to be tested for those and similar diseases. b. Sexually transmitted diseases are transmitted through sexual contact. Requiring a massage therapist to be tested for sexually transmitted diseases in order to get a massage license is unreasonable. It implies that the city believes, without any evidence, that all massage therapists will have sex with massage clients. Besides being incredibly offensive, it is a violation of the massage therapist's civil rights. 6. Special Events In the resort industry, there are special occasions when a large number of therapists are needed for a special convention or event for a short period of time, one or two days. In addition, there are many athletic events, such as marathons, half-marathons, etc.,when the sponsor of the event may need a large number of massage therapists for only one or two days. In the past it has been difficult to staff these events with massage therapists because of licensing restrictions. While this situation will improve with the foregoing proposed changes in massage licensing, it would be beneficial to discuss the possibility of short- term special event permits which the coordinator of such events could obtain, supplying the city with a list of the therapists they intend to use, their qualifications,the duration and nature of the event, and whatever other information the city may require. 7. Approved Schools. To find out if a school is approved to operate in California, city personnel can call the Council for Postsecondary Private Vocational Education at the following number: (916)323-6571. The Council also issues an updated school directory each year,which can be purchased for about$75.00. It lists all kinds of vocational schools, not just massage schools. Approved or Accredited. Schools that are approved have been investigated by the Council(CPPVE) and have been approved to operate in this state. Schools that are accredited have gone through a voluntary process of evaluation with a national accrediting agency in order to be able to participate in Federal student loan programs. All schools must be approved to operate in California; accreditation is voluntary and not required. 8. Reciprocity with other states. There are excellent massage schools in nearly every state in the U.S. Generally massage schools are regulated by state education departments, and calling those departments can verify the authenticity of the school. Another source of information about schools is ABMP, a massage association, which can be reached at the following number: (303)674-8478. Generally they will be able to provide the name and number of the appropriate agencies in most states, as well as a list of schools currently in business. page 4 of b law.gw Monday,April 21, 1997 CHAPTER 5.86 MASSAGE ESTABLISHMENT Sections: 5.86.020 Definitions. 5.86.030 Permits. 5.86.040 Massage Establishments, Location. 5.86.060 Nonconforming Uses and Permits. 5.86.070 Operational criteria. 5.86.080 Special events permit required. 5.86.090 Massage establishment persons engaged therein - Application for massagist's permit. 5.86.110 Massage establishment - Operating requirements 5.86.120 Prohibition regarding specified anatomical areas. 5.86.130 Employment of and services rendered to minors prohibited. 5.86.140 Exemptions. 5.86.150 Application for permit. 5.86.160 Renewal of permit. 5.86.170 Investigation. 5.86.180 Hearing notice. 5.86.190 Procedure of hearing. 5.86.200 Findings of hearings. 5.86.210 Denial, suspension, revocation of permit. 5.86.220 Approval. 5.86.230 Inspection required. 5.86.240 Penalties. 5.86.250 Other remedies. 5.86.260 Conducting a business as a nuisance. 5.86.270 Sale or transfer or change of location. 5.86.280 Transfer of permit. 5.86.020 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter: 1 __ i CHAPTER 5.86 MASSAGE ESTABLISHMENT A. "Day Spas" are places where baths, steam, sauna, body wraps, salt glows and other exfoliating treatments, hot and cold packs, compresses, and other forms of hydrotherapy, are given as well as facials, exercise classes, all services being directed toward health. B. City Manager. "City Manager" means the City Manager of the City of Palm Desert, or his or her designated representative. C. Employee. "Employee" means any person over eighteen (18) years of age other than a massagist who renders any service in connection with the operation of massage business and receives compensation from the operator of the business or patrons. D. Massage. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. E. Massage Establishment. "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage as defined in subsection G, and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities defined as massage in subsection D. F. Massagist. "Massagist" means any person who, for any consideration whatsoever, engages in the practice of massage as defined in subsection D at any permitted establishment. G. Outcall Massage Service. "Outcall massage service" means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than a "massage establishment" as defined in subsection E. H. Permittee. "Permittee" means the person to whom a permit has been issued. I. Police Chief. "Police Chief" means the chief of the police department of the City of Palm Desert, or his or her designated representative. J. Recognized School of Massage. "Recognized School of Massage" means any school or education institution licensed or approved in the state it is located, whose purpose it is to upgrade the professionalism of massagists and which teaches the theory, ethics, practice, profession or work of massage; which requires a resident 9 q course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence 2 CHAPTER 5.86 MASSAGE ESTABLISHMENT course not requiring actual attendance shall not be deemed a recognized school. The City of Palm Desert shall have a right to confirm that the applicant has completed a certificate from a recognized school. K. "Specified anatomical areas" means: 1 . less than completely and opaquely covered human genitals, public region, anus, or female breasts below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. L. "Communicable disease" means tuberculosis, hepatitis, or any disease which may be transmitted to a patron through normal contact during the performance of any massage service, and does not include venereal or sexually transmitted diseases, which would not be transmitted to patrons through normal contact during the performance of any massage service. 5.86.030 Permits. A. Requirements. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to be engaged in, conducted, or carried on, in or upon any premises within the City, the business of a massage establishment, as defined in this Chapter, without possessing a permit issued pursuant to the provisions of this Chapter for each and every separate office or place of business conducted by the above. The permit fee required by this Chapter shall be in addition to any other license, permit or fee required under any of the provisions of this code. B. Authorization. Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code shall authorize the engaging, conducting or carrying on of a massage establishment. C. Application Fee. The application fee for a massage establishment permit shall be five hundred dollars ($500) and the application fee for a massagist's permit for each massagist employed therein shall be one hundred dollars ($100) and is non-refundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The fee set forth in this section shall be in effect until the City Council shall by resolution fix some other rate based upon a cost factor. D. Massagist's Permit Required. No person shall practice massage as a massagist, unless he or she has a valid and subsisting massagist's permit issued to him or her by the City pursuant to the provisions of this Chapter. E. Renewal of Permit. All permits shall expire on December 31st of the calendar year for which they were issued. Applications for renewal of a permit shall be made on or before November 30th of the year preceding the year for which a renewal permit is 3 CHAPTER 5.86 MASSAGE ESTABLISHMENT sought. The renewal application fee for a massage establishment permit shall be one hundred dollars ($100) and the renewal application fee for a massagist permit for each massagist employed therein shall be fifty dollars ($50). Said renewal application fees are non-refundable and shall be used to defray the cost of investigation and processing said renewal applications. The fee set forth in this section shall be in effect until the City Council shall by resolution fix some other rate based upon a cost factor. 5.86.040 Massage Establishments, Location. A. All massage establishments will require approval of a conditional use permit per Chapter 25.72 of the Zoning Ordinance. B. Zones permitted by Conditional Use permit: C-1 General Commercial, PC Planning Commercial and O.P. Office Professional. C. Massage shall also be permitted subject to approval of a Conditional Use Permit as an accessory use with hotels, beauty salons, day spas, athletic clubs and other health service or educational institutions in those zones where they are permitted and approved. 5.86.060 Nonconforming Uses and Permits. 1 . Establishments - All establishments legally permitted to offer massage on September 25, 1997 but are in noncompliance as a result of amendment to this chapter shall be deemed legal nonconforming and will be allowed to continue operation provided they are in compliance with all limitations and requirements of their original permit except as noted below. Any expansion of massage services beyond those specified in the original approval shall require a Conditional Use Permit. 2. All holders of citywide and site specific massagist permits or massage establishment permits shall come into compliance with all licensing and operational criteria identified in Section 5.80.070 through 5.86.160 by January, 1999. 5.86.070 Operational Criteria. In addition to the base zone requirements governing use and minimum development standards, the following additional requirements shall be met by massage establishments: A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment,; provided that all such signs shall comply with the sign regulations of the city. B. Fire and Safety Requirements. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building department regulations and standards. 4 CHAPTER 5.86 MASSAGE ESTABLISHMENT C. Building Openings. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view from the outside of the building into dressing rooms, treatment rooms, restrooms, and other areas where patrons of the business may not be fully dressed. D. Lighting in Parking Lots. Lighting shall be in compliance with Chapter 24.16 of the Municipal Code. E. Amplified Sound. No loudspeakers or sound equipment shall be used by a massage establishment for amplification of sound to a level discernible by the public beyond the walls of the building in which use is conducted. F. No person shall give, or assist in the giving of, any massage or other body treatment to any other person under the age of eighteen years, unless the parent or guardian of the minor person has consented thereto in writing. G. Exposure to Public View. Commercial business licensed or operating within the City shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein, "exposed to public view" means exposes to the view of the person outside the building in which the commercial business is located. H. Placement of Permit. The permit required by this Chapter shall be displayed in a prominent place. 5.86.080 Special events permit required. When extra massagists are required for a special event at or organized by an approved Massage Establishment, the owner, manager, or operator of the establishment must supply the city with a list of massagists who will be working at the event, copies of their certification, copies of licenses they may hold in other cities, and any other information the city may require, not less than two weeks before the date of the event, and pay a fee for a one-day permit, the amount of the fee to be set by the City Council. Nothing in this section is to be construed to permit such massagists from performing massage at any other location in the City at any other time, unless each massagist has fulfilled the requirements of this chapter and has a current permit to perform massage. 5.86.090 Massage establishment and persons engaged therein - Application for massagist's permit. Any person desirous of engaging in the practice of massage, as massage is defined in this section, must first secure either a site specific or citywide massagist's permit. 5 CHAPTER 5.86 MASSAGE ESTABLISHMENT Application shall be made to the City Manager in the same manner as provided herein for massage establishment permits. The application shall contain the following: A. The business address and all telephone numbers where the massage is to be practiced; B. Name, including all names, nicknames and aliases by which the applicant has been known; and residence address, including the two previous addresses immediately prior to the present address of the applicant; C. Social security number, driver's license number, if any, and date of birth; D. Applicant's weight, height, color of hair and eyes, and sex; E. Written evidence that applicant is at least eighteen (18) years of age; F. A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations; G. Fingerprints of the applicant taken by the police department; or proof of having obtained a valid massage permit or license in another local city which requires fingerprints, said permit or license to have been obtained within one year of the date of application to this city, and this city retaining the right to confirm the validity of the license and the applicant's record for the preceding year in the city where the license or permit was obtained. Local cities include Cathedral City, Desert Hot Springs, Palm Desert, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. If fingerprints have already been obtained in another city, the fee will be reduced appropriately. H. Two front-face portrait photographs taken within thirty (30) days of the date of application and at least two inches by two inches (2" x 2") in size; I. Citywide Massagist's Permit and Massage Establishment Permit. Transcript or Certificate of Completion verifying not less than five hundred (500) hours of training any school or education institution licensed or approved in the state it is located, whose purpose it is to upgrade the professionalism of massagists and which teaches the theory, ethics, practice, profession or work of massage. Schools offering correspondence courses not requiring actual attendance at classes shall not be deemed a "recognized school." 1 . Site Specific Massagist's Permit. Transcript or Certificate of Completion verifying not less than three hundred (300) hours of training from any school or education institution licensed or approved in the state it is located whose purpose it is to upgrade the professionalism of massagist and which teaches the theory, ethics, practice, profession or work of massage. Schools offering correspondence courses not requiring actual attendance at classes shall not be deemed a "recognized school." With the minimum hours of certified training a letter of intent to employ from an approved Massage Establishment or physician, surgeon, chiropractor, osteopath or healing art office as permitted in section 5.24.130(a)(4) shall be required. This letter shall state 6 CHAPTER 5.86 MASSAGE ESTABLISHMENT that the Massage Establishment operator has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage treatments working under supervision at that facility. 1 a. Site Specific Massagist's Permit Limitations. A Site Specific Massagist's Permit shall allow the holder of such permit to engage in the practice of massage only at approved Massage Establishments or physician, surgeon, chiropractor, osteopath or healing art offices. J. The massage or similar business history and experience ten (10) years prior to the date of application, including, but not limited to, whether or not such person, in previously operating in this or another city or state under license or permit, has had such license or permit denied, revoked or suspended, and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation; K. The names, current addresses and written statements of at least five (5) bona fide permanent residents, other than relatives, of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State of California and lastly from the rest of the United States; L. A medical certificate signed by a physician, licensed to practice in the State of California, within thirty (30) days of the date of the application. or proof of having obtained a valid massage permit or license in another local city which requires a medical certificate, said permit or license to have been obtained within one year of the date of application to this city, and this city retaining the right to confirm the validity of the license. Local cities include Cathedral City, Desert Hot Springs, Palm Desert, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this subsection shall be provided at the applicant's expense; M. Such other information, identification and physical examination of the person deemed necessary by the City police in order to discover the truth of the matters required to be set forth in the application; N. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit; O. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. 7 CHAPTER 5.86 MASSAGE ESTABLISHMENT 5.86.1 10 Massage Establishment Operating Requirements. No license to conduct a massage establishment shall be issued unless an inspection by the City reveals that the establishment complies with each of the following minimum requirements: A. Conducts, or otherwise operates, a massage business only between the hours of 7:00 a.m. and 12 midnight. B. Posts a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises. C. Displays the permit, and a copy of the permit of each massagist therein, in a conspicuous place on the premises. D. Maintains a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage, and the type of massage given. Such records will be made available, upon request, for inspection by the City Manager or Police Chief. The information contained in such records shall be confidential. E. Construction of rooms used for toilets, baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the City building code. Plumbing fixtures shall be installed in accordance with the City plumbing code: 1 . Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the City. 2. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Exception: Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains. 3. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. F. The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after each use on each patron. G. All employees, including massagists, shall be clean and wear clean, nontransparent outer garments, covering their specified anatomical areas. H. Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. 8 • CHAPTER 5.86 MASSAGE ESTABLISHMENT I. Hot and cold running water under pressure from a potable source shall be provided to all washbasins, bathtubs, showers, and similar facilities. Each water basin shall be provided with soap or detergent and single-service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the washbasin provided for patrons, a minimum of one separate washbasin shall be located within or as close as practicable to each area in which massages are administered and baths taken. J. Provide minimum lighting in accordance with the Uniform Building Code, and in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room where massage services are being performed on a patron. K. Maintain walls, ceilings, floor, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use. L. Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets, towels and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked "clean linen" and "soiled linen." M. Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other waterproof material. N. Unlock all exterior doors from interior side during business hours. O. No massage establishment granted a license under the provisions of this Chapter shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage service. P. All electrical equipment shall be installed in accordance with the requirements of the city's Uniform Building code; Q. It is unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a permitted establishment which is fitted with a door capable of being locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be clearly marked as to purpose on the exterior door or curtain of said cubicle, room, or booth. Nothing contained herein shall be construed to eliminate other 9 CHAPTER 5.86 MASSAGE ESTABLISHMENT requirements of statute, ordinance or municipal code concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health departments; R. No permitted establishment shall operate as a school of massage, or operate in the same location, or use the same facilities as that of a school of massage except as otherwise may be provided by law. 5.86.120 Prohibition regarding specified anatomical areas A. It is unlawful for any massagist or any person on the premises of a massage establishment to expose to any other person any specified anatomical areas, whether his or her own, or those of another. B. It is unlawful for any person owning, operating, or managing a massage establishment knowingly to cause, allow, or permit in or about such massage establishment any agent, employee or any other person under his control or supervision to permit such acts prohibited in subsection A of this section. C. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. 5.86.130 Employment of and services rendered to minors prohibited. No holder of a massage establishment permit shall employ any person under eighteen years of age; nor shall such permittee provide any service for which it requires said permit to any patron, customer or person under eighteen years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of the minor upon whose behalf the massage service is requested. 5.86.140 Exemptions The provisions of this chapter shall not apply to: A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist or any nurse or physical therapist working under the supervision of a physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the State of California. Practical nurses or other persons without qualifications as massagists or other persons not duly licensed by the State to practice pursuant to the Medical Practice Act, whether employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not give massages or massage procedures. B. The requirements of this chapter shall not apply to any treatment administered in good faith in any course of the practice of any healing art or profession by any 10 CHAPTER 5.86 MASSAGE ESTABLISHMENT person licensed to practice any such art or profession under the Business and Profession Code of the State or any other law of the State. C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the State of California without qualifications as a massagist , except that this exemption shall apply solely to the massaging in of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes. D. Massages or massage procedures as provided by or in connection with a physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to, shall be ancillary to and a part of a physician, surgeon, chiropractor, osteopath or healing art office. The massage portion of the use shall be a minor use and the physician, surgeon, chiropractor, osteopath or healing art office use shall be the major use, with the massage portion of the use not occupying a significant or substantial portion of the business. The requirements of Section 5.86.040 and 5.86.150 shall not apply to this minor, ancillary use. 5.86.150 Application for permit. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for a massage establishment, shall make an application, under oath, to the City Manager upon a form provided by the City Manager showing: A. The name, current permanent residential address and telephone number of the applicant; B. The business name, proposed business address of the massage establishment, and its telephone number. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of it articles of incorporation. The applicant shall show the name and resident address of each of the officers, directors, and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the massage establishment. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the massage establishment; C. The name and permanent address of the owner of the property upon which the applicant intends to locate the massage establishment. If the property owner is a corporation, name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less than ten percent of the stock of the corporation. If 11 CHAPTER 5.86 MASSAGE ESTABLISHMENT the property owner is a partnership, the applicant shall show the name and residence address of each of its partners, including limited partners; D. In the event the applicant is not the owner of record of the real property upon which the massage establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a massage establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the massage establishment will be located; E. The date, hours and location where the massage establishment is proposed to be conducted, and the admission fee, if any, to be charged; F. The name(s) or person(s) having the management or supervision of the applicant's business; G. Whether or not the applicant has been convicted of a crime, the nature of such offense, the date of conviction, place convicted, and the sentence received therefor. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; H. Whether or not the applicant has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; I. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; J. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; K. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation this requirement applies to all officers, directors and/or 12 CHAPTER 5.86 MASSAGE ESTABLISHMENT stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to all partners, including limited partners; L. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing for the application. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; M. Each residential and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; N. One front-face portraitphotograph of the a applicant at least two inches bytwo Pp inches (2" x 2") and a complete set of applicant's fingerprints which shall be taken by the City police. If the applicant is a corporation, one front-face photograph at least two inches by two inches (2" x 2") of all officers, directors, and stockholders owning not less than ten percent of the stock of said corporation and a complete set of the same officers', directors', and stockholders' fingerprints which shall be taken by the City police; 0. The name and address of each massagist who is or will be employed in said establishment; P. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught as identified in Section 5.24.020, subsection J; provided, however, that if applicant will not personally engage in the practice of massage or the day-to-day operation of a massage establishment, as defined herein, the applicant need not posses such diploma or certificate; Q. The name and address of any other massage establishment owned or operated by any person whose name is required to be given in subsection (2) of this section; R. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13 CHAPTER 5.86 MASSAGE ESTABLISHMENT S. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; T. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; U. The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, the state and, lastly, from the rest of the United States. These references must be persons other than relatives and business associates. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; V. Applicant must furnish for any person whose name is required to be given in subsections F the information required by subsections A, I, J, K, L, M, N, P, Q, S, T, and U. The holder of the permit for a massage establishment shall notify the city's department of code enforcement and business licenses of each change in any of the data required to be furnished by this section within ten days after such change occurs. 5.86.160 Renewal of permit. Upon application for a renewal permit, the applicant shall provide all of the information set forth in Section 5.86.150. 5.86.170 Investigation. A. After an application permit has been filed with the city manager or his designated representative, he/she shall cause an investigation to be made by the city's department of code compliance and business licenses. The director of code compliance and business licenses shall refer copies of the application to the following departments and agencies within five days of receipt of the application: department of building and safety, department of community services and planning, police department, Riverside County health department, Riverside County fire marshal. These departments and agencies shall within thirty days inspect the premises proposed to operated as a massage establishment and shall make written verification to the department of code compliance and business licenses concerning compliance with the Palm Desert Municipal Codes and the codes of Riverside County and state of California that they administer. If such premises are not in compliance, the department of code compliance 14 CHAPTER 5.86 MASSAGE ESTABLISHMENT and business licences shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises to be made upon written request for reinspection for the applicant; provided, however, that such request for reinspection is made within thirty days after notice of noncompliance has been given by the department of code compliance and business licenses. The applicant shall further be referred to the city's police department for investigation of the applicant's character and qualifications. There shall be no public hearing before the city council on an approved application. If there are concerns regarding an application by the director of code compliance and business license, the application shall be set for a public hearing before the city council and the applicant notified of the date of such hearing. B. If the application is denied, the director shall promptly give the applicant notice thereof and the findings for such denial. The applicant aggrieved by the action of the director may appeal by filing a written appeal, within ten days of the notice of denial, with the city clerk. The city council shall set a time and place for the public hearing. The decision of the city council shall be final. 5.86.180 Hearing Notice. After the city manager has set the application for hearing, he shall cause notice of the hearing to be given within thirty days to all property owners within three hundred feet of the proposed or actual location of the applicant's business. For the purpose of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll on file with the city. Additionally, the city manager shall cause a public notice to be published in a newspaper of general circulation ten days prior to the hearing date. All notices provided for in this section shall be in the form and manner as determined by the city manager. This procedure shall not apply to applications for individual massagist permits. 5.86.190 Procedure of hearing. At the time and place set for public hearing as to any application, the city council shall hear and determine all facts and evidence relevant to the nature and location of the proposed massage establishment and the character, reputation and moral fitness of those who will conduct, participate in or be in charge of such massage establishment. This procedure shall not apply to applications for individual massagist permits. 5.86.200 Findings of hearings. 15 CHAPTER 5.86 MASSAGE ESTABLISHMENT At the conclusion of the hearing before the city council, the city council shall grant an application for a massage establishment permit if the following findings are made: A. The traffic generated by the proposed use will not impose a greater burden upon the streets and highways in the area than similar use in the area; B. The conduct of the massage establishment, as proposed by the applicant, if permitted, will comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; C. The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the permit application, or any other document required by the city in conjunction therewith; if the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock in the corporation. If the application is a partnership, this requirement applies to each of the partners, including limited partners; D. The applicant or any other person who will be directly engaged in the management and operation of the place of massage establishment: 1 . Has not done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself, or another, or substantially injure another, or 2. Has not been convicted of any crime. A conviction shall mean a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the applicant has been rehabilitated, 3. The act or crime referred to in subsection D1 or D2 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage establishment; E. The correct permit fee has been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation; F. The applicant has not had a massage establishment or massagist's permit denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of the application; G. The applicant, if an individual, or any of the officers, directors, and stockholders who own not less than ten percent of the stock of said corporation, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not under the age of eighteen years. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the 16 CHAPTER 5.86 MASSAGE ESTABLISHMENT applicant is a partnership, this requirement applies to each of the partners, including limited partners; H. The city may issue a license or permit to any person convicted of any of the crimes described in subsections D1 or D2 of this section if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this section. 5.86.210 Denial, suspension, revocation or permit. After notice and hearing pursuant to the procedures provided in this chapter the city council shall deny, suspend or revoke any permit applied for, or issued under this chapter, if it finds and determines that: A. The business as conducted by permittee, its agent(s) or employee(s), or any person(s) connected or associated with the permittee as partner, director, officer, general manager or any other person(s), who is exercising managerial authority of, or on behalf of permittee acting under the authority of such permit, does not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; or B. Permittee, its agent(s) or employeels), or any person connected or associated with the permittee as partner, director, officer or general manager or other person(s), who is exercising managerial authority of, or on behalf of permittee, acting under the authority of such permit, has: 1 . Knowingly procured said permit by false statements, representations or nondisclosure of a material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the city in conjunction therewith, or 2. The permittee has ceased to meet any of the requirements for issuance of a permit, or 3. Any failure on the part of the owner, manager or other person in charge of the premises to enforce the regulations set forth in this chapter or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises, or 4. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or 5. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood, or 17 CHAPTER 5.86 MASSAGE ESTABLISHMENT 6. The applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or 7. The applicant has been convicted of any crime. A conviction shall mean a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the applicant has been rehabilitated. 8. Such denial may be made only, if the act or crime referred to in subsection B6 or B7 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage establishment. 5.86.220 Approval. The city council shall act to approve or deny an application for a permit under this chapter within a reasonable period of time and in no event shall the city council act later than ninety days from the date that said application was accepted by the city's department of code enforcement and business licenses. 5.86.230 Inspection required. The police shall from time to time make inspection of each massage establishment for the purposes of determining that the provisions of this chapter are fully complied with. It is unlawful for any permittee to fail to allow such inspection officers to the premises or hinder such officer in any manner. 5.86.240 Penalties. • Any person violating any of the previsions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. 5.86.250 Other remedies. The provisions of Section 5.86.210 are not to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. 18 • CHAPTER 5.86 MASSAGE ESTABLISHMENT 5.86.260 Conducting a business as a nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action, in accordance with Chapter 1 of the Codes, commence an action(s) or proceeding(s), for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. 5.86.270 Sale or transfer or change of location. Upon sale, transfer or relocation of a massage establishment the permit therefor shall be null and void unless approved as provided in Section 5.86.200; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the massage establishment for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit. 5.86.280 Transfer of permit. No permit shall be transferable except with the consent of the city council. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.86.030. The written application for such transfer shall contain the same information as requested in this chapter for initial application for the permit. 19 1 ,A 7' ` . ', ©Ew o Palm o esec 47 ,!,�, .;.., ..? 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by KELLY YAMADA for a permit to operate a massage establishment located at 74-121 and 74-125 Highway 111 (CUP 97-1 1 ). 0 SAN +_4v 4. / rlOela rl M, • — iiA lall,A '. r111 2 SAN MARIN/) WAY iwOam ko1a i1.a1210m1. ci1 1 b1A1 Ci 1!1s1 1j. _-_.______,__i. io__.r,i IN„v,,,,, a 4r3 � iMJIiI!I! ( 4 ) IC1 NIEI 41 _ _Lc 5 HQR DR( V NENE �► , � • 1 s .p . - . - - . . �,. �ALy Es�Rr D Ivy )1 HIGHWAY 111 ITE 11:11'/4'i•111� I • ' .14.- _ � 4 - - - _. A III plii6 [ limn" 1T :... 1];I; ;v::i _ NORT... -. -4--1-3.10,:e'li , S . p • V c EL PASEO O. -J y V '- W P ' ' Gr 111,ARDEN 111111* - A W R \, ' O •V < R . - I I 1 I Rom, . � L .�.. � = TI• 134-1-1-12 -131 ; r.IIIrX S . ARE AiIsa SAID public hearing will be held on Thursday, September 25, 1997, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk September 11 , 1997 City of Palm Desert, California