Sierra Madre City Council
May 27, 2025

The City collects assessments associated with the benefits on a bi-annually basis in conjunction with the Los Angeles County property tax collections in April and November of each year. The Landscaping and Lighting Act of 1972, requires that the City Council adopt a Resolution Initiating Proceedings, Resolution of Intention, and a Resolution Confirming the Assessment and Ordering the Levy. In addition, a public hearing is required at the time of the adoption of the Resolution Confirming the Assessment and Ordering the Levy

FISCAL IMPACT
There are no fiscal impacts associated with the initial of proceedings.

ALTERNATIVES
Reject the initiation of proceedings, and direct Staff to review and recommend other funding sources to maintain the mentioned districts.

STRATEGIC PLAN CORRELATION
The project falls within our Strategic Plan under Infrastructure and Growth Management, which involves improving and maintaining city streets.

ATTACHMENT
Resolution 25-34
Resolution No. 2025-X
May 27, 2025

RESOLUTION 25-34

A RESOLUTION OF INTENT TO LEVY AND CONFIRM THE REPORT

FOR THE CITY COUNCIL OF THE CITY OF SIERRA MADRE FOR THE

DOWNTOWN LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT FOR FISCAL YEAR 2025-2026
WHEREAS, the City Council (the “City Council”) of the City of Sierra Madre (the “City”) has formed the Downtown Landscaping and Lighting Maintenance Assessment District (the “District”) pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22600) (the “Act”); and, WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the District, and to prepare and file a Report.

NOW, THEREFORE, BE IT RESOLVED, CONFIRMED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

1. Intention: The City Council hereby declares its intention to levy and collect assessments within the District to pay the costs of the Improvements for the fiscal year commencing July 1, 2025 and ending June 30, 2026. The City Council finds that the public’s best interest requires such action.

2. Improvements: The improvements within the District include, but are not limited to: the services and maintenance activities of Street Lighting System. Operating, maintaining and servicing include, but are not limited to: personnel, materials, and electrical energy. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory condition.

3. Assessment District Boundaries: The boundaries of the District are as shown by the assessment diagram filed with the City Clerk, which a map is made a part hereof by reference.

4. Approval of Report: The City Council hereby confirms the Report concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2025 and ending June 30, 2026. The Report filed with the City Clerk contains a full and detailed description of the improvements, the boundaries of The District, and the proposed assessments upon assessable lots and parcels of land within The District.

5. Notice of Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council. The Public Hearing will be held on Tuesday, June 10, 2025 at 5:30 pm or as soon thereafter as is feasible in the City Council Chambers, located at 232 W. Sierra Madre Blvd, Sierra Madre, CA. The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626 of the Act.

Resolution No. 2025-X
May 27, 2025

APPROVED AND ADOPTED THIS 27
TH DAY OF MAY, 2025
ATTEST: CITY OF SIERRA MADRE:

Laura Aguilar, City Clerk Robert Parkhurst, Mayor
APPROVED AS TO FORM:

Aleks Giragosian, City Attorney

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF SIERRA MADRE
I, LAURA AGUILAR, CITY CLERK of the City of Sierra Madre do hereby certify that the foregoing Resolution was adopted at a Regular Meeting of the City Council of the City of Sierra Madre held on the 27
th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Sierra Madre, California, this ___
th day of _______________, 20___.

Laura Aguilar, City Clerk
TO: Mayor and City Council
FROM: Miguel Hernandez, Assistant City Manager
REVIEWED BY: Jose Reynoso, City Manager
DATE: May 27, 2025
SUBJECT: CONSIDERATION OF RESOLUTION 25-36 AUTHORIZING AN

AMENDMENT TO THE CLASSIFICATION PLAN AND SALARY
MATRIX

STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution 25-36, which authorizes the creation of the Administrative Services Director/City Clerk position. The creation of the Administrative Services Director/City Clerk position replaces the Deputy City Manager position title, which falls within the same Range 40 in the City’s Classification Plan and Salary Matrix. This position consolidates and elevates several core administrative functions under a single department head, enhancing organizational effectiveness. It merges the statutory duties of the City Clerk with the oversight of Community Services, Utility Billing, and Front Counter Customer Service.

ALTERNATIVES

1. Adopt Resolution 25-36;

2. Do not adopt Resolution 25-36;

3. Continue the item and provide further direction to staff.

EXECUTIVE SUMMARY
After carefully reviewing the City’s current staffing structure, staff recommends the formation of the Administrative Services Director/City Clerk position. The position will continue critical service functions under an experienced professional to ensure consistent policy application, improve service delivery, and optimize administrative oversight.

This role combines high-level administrative management with statutory duties and operational oversight. City Clerk Functions: Ensures compliance with State election law, manages public records and council support, serves as the City’s Elections Official, FPPC filing officer, and custodian of the seal. Community Services Oversight: Supervises recreational programs, senior City of Sierra Madre

AGENDA REPORT
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer
services, special events, and youth/family programming. Customer Service Management:

Oversees Utility Billing operations and front counter interactions, ensuring timely, respectful, and accurate service to residents and stakeholders.

ANALYSIS
The creation of the Director of Administrative Services/City Clerk position represents a strategic consolidation of critical public-facing functions under a single executive leader. This position continues to strengthen oversight of several interdependent service areas, particularly front-line customer service operations and the City’s Community Services Department. Effective management of customer service at the front counter and through utility billing is essential to how residents experience their local government. By centralizing responsibility for these functions, the City will ensure a consistent standard of professionalism, responsiveness, and accountability in all public interactions. The position also brings focused leadership to the Community Services Department, which oversees programs and activities that significantly impact quality of life in Sierra Madre—such as recreation programs, youth and senior services, and special events. These programs require not only operational coordination but also longrange planning, performance evaluation, and budget management, all of which will benefit from direct executive oversight.

In addition, the position retains the statutory and legal responsibilities of the City Clerk, including records management, council support, and election administration. This reorganization also aligns with best practices allowing Sierra Madre to continue to operate efficiently while reinforcing its commitment to transparency, responsiveness, and community engagement.

ENVIRONMENTAL(CEQA)
This Resolution is not a “Project” for purposes of the California Environmental Quality Act because under 14 CCR 15378(b)(5), a “Project does not include …Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment.”

STRATEGIC PLAN CORRELATION
The creation of the Administrative Services Director/City Clerk position directly aligns with the City's strategic goals by enhancing efficiency, resilience, and sustainability. This role continues to support proactive community engagement, it strengthens succession planning, leadership development, and workforce retention, reinforcing the City's commitment to operational efficiency, and future-ready public services.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report are available at City Hall, at the Sierra Madre Public Library, and can be accessed on the City’s website at www.cityofsierramadre.com

FISCAL IMPACT
The creation of the Administrative Services Director/City Clerk position has no fiscal impact as the newly created position replaces the Deputy City Manager title. The new position will remain in the same Range 40 in the Classification Plan and Salary Matrix.

PUBLIC NOTICE
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at www.cityofsierramadre.com.

ATTACHMENTS:

1. Resolution 25-36

2. Executive Management Salary Matrix
RESOLUTION NO. 25-36

MODIFYING THE CONFIDENTIAL-EXEMPT CLASSIFICATION PLAN AND

SALARY MATRIX

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY RESOLVE:

WHEREAS, the City of Sierra Madre’s Classification Plan and Salary Matrix identify one full-time Deputy City Manager and one full-time City Clerk who are both members of the Confidential-Exempt management group; and WHEREAS, the City Council is authorizing one new Confidential-Exempt fulltime position of Administrative Services Director/ City Clerk replacing the Deputy City Manager position title and the City Clerk position title in the same Range with the adopted Classification Plan and Salary Matrix;
WHEREAS, in the amended Classification Plan and Salary Matrix, the salary, duties, responsibilities, training, and experience for all other positions remain the same;

NOW, THEREFORE, BE IT RESOLVED
SECTION 1. The City Council adopts the amended City of Sierra Madre Classification Plan and Salary Matrix, included herein as Attachment A.

SECTION 2. That the changes to the Confidential-Exempt Classification Plan and Salary Matrix take effect July 1, 2025.

Passed, Approved and Adopted on the 27th day of May 2025.

Robert Parkhurst
Mayor, City of Sierra Madre, CA
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted at a regular meeting of the City of Sierra Madre City Council on the 27th day of May 2025 by the Sierra Madre City Council following a roll call vote:

Ayes
Noes
Absent
Laura Aguilar
City Clerk, City of Sierra Madre, CA

396578.2
TO: Honorable Mayor Parkhurst and Members of the City Council FROM: Aleks R. Giragosian, City Attorney
REVIEWED BY: Jose Reynoso, City Manager
DATE: May 27, 2025
SUBJECT: CONSIDERATION OF LOS ANGELES COUNTY

PUBLIC HEALTH ORDINANCES

STAFF RECOMMENDATION
It is recommended that the City Council consider directing the City Attorney to draft an ordinance incorporating one or more of the Los Angeles County ordinances into the Sierra Madre Municipal Code.

ALTERNATIVES
1) Determine the City would not like to adopt any of the County ordinances; or 2) Continue consideration of the item and provide staff with further direction.

EXECUTIVE SUMMARY
The Los Angeles County Department of Public Health informed the City that the following ordinances will not be enforced by Public Health in the City under the terms of the updated Public Health Services Contract unless the City Council expressly incorporates them into SMMC:
• Chapter 11.01 (Prevention Retaliation for Reporting Public Health Violations) — applies to employers
• Chapter 11.08 (Children’s Camps) — applies to organized children’s camps • Chapter 11.32 (Swimming Pools and Other Water Areas) — applies to public/community pools, pools of apartment houses consisting of four or more residential units, and public and private school pools, among others. • Chapter 11.35 (Tobacco Retailing) — applies to tobacco retailers City of Sierra Madre

AGENDA REPORT
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Susan Spears, City Treasurer
396578.2
• Chapter 11.36 (Massage Establishments) — applies to massage establishments
• Chapter 11.37 (Cannabis Facilities) — applies to cannabis dispensaries and manufacturers
• Chapter 11.41 (Addressing Medical Debt Through Data Collection) — applies to hospital data collection

ANALYSIS
The City of Sierra Madre incorporated Los Angeles County’s Public Health Code into the Sierra Madre Municipal Code (“SMMC”) by reference. SMMC Section 8.04.010(A) states, “The ‘Public Health Code of the County of Los Angeles,’ the same being Ordinance No. 7583, of the county, as amended through and including June 30, 1975, is adopted as the public health code of the city (hereinafter referred to as ‘health code’).

Three copies of the health code are on file in the office of the city clerk.” SMMC Chapter

8.04 (Public Health Code) is enforced by both Sierra Madre Code Enforcement and the Los Angeles County Department of Public Health (“Public Health”).

Los Angeles County Ordinance No. 7583 codified Title 11 (Health and Safety) of the Los Angeles County Code. Title 11 is divided into four divisions and 70 chapters. A full list of the chapters is included herein as Attachment A.

On April 22, 2025, the City Council adopted an updated Public Health Services Contract with the County of Los Angeles (“Agreement”). Section 3(c)(ii) of the Agreement states, “For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council.” Public Health officials confirmed that they require the City to affirmatively incorporate new ordinances into the Sierra Madre Municipal Code. This action could be accomplished incorporating each new ordinance separately into the City’s Code, by incorporating Title 11 as of a date certain and subsequently adding new ordinances into the Code, by or by adding a provision incorporating any or all of the above ordinances and all future ordinances by reference.

According to officials from the Los Angeles County Department of Public Health (“Public Health”), the following ordinances will not be enforced by Public Health unless the City Council expressly incorporates them into SMMC:
• Chapter 11.01 (Prevention Retaliation for Reporting Public Health Violations) — applies to employers
• Chapter 11.08 (Children’s Camps) — applies to organized children’s camps • Chapter 11.32 (Swimming Pools and Other Water Areas) — applies to public/community pools, pools of apartment houses consisting of four or more residential units, and public and private school pools, among others. • Chapter 11.35 (Tobacco Retailing) — applies to tobacco retailers 396578.2
• Chapter 11.36 (Massage Establishments) — applies to massage establishments
• Chapter 11.37 (Cannabis Facilities) — applies to cannabis dispensaries and manufacturers
• Chapter 11.41 (Addressing Medical Debt Through Data Collection) — applies to hospital data collection
City staff reviewed the list of ordinances and determined the following ordinances are most relevant to the City of Sierra Madre:
• Chapter 11.01 (Prevention Retaliation for Reporting Public Health Violations) — included as Attachment B
• Chapter 11.32 (Swimming Pools and Other Water Areas) — included as Attachment C
• Chapter 11.35 (Tobacco Retailing) — included as Attachment D • Chapter 11.36 (Massage Establishments) — included as Attachment E Chapter 11.01 (Prevention Retaliation for Reporting Public Health Violations) An employer’s retaliation against an employee for disclosing noncompliance with a local, state, or federal law is already unlawful under Labor Code Section 1102.5. This ordinance makes retaliation related to reporting public health violations a local misdemeanor punishable by an administrative fine up to $500, among other means, and provides Public Health the authority to investigate and prosecute claims of retaliation.

Chapter 11.32 (Swimming Pools and Other Water Areas)
While the construction of swimming pools are regulated by the SMMC Chapter 15 (Buildings and Construction), there is no local law regulating the use or maintenance of swimming pools. This ordinance introduces water quality standards, mandates lifesaving and first aid equipment, requires lifeguards in some cases, and establishes standards for dressing rooms and toilet facilities, etc.

Chapter 11.35 (Tobacco Retailing)
The City currently regulates tobacco retailers under SMMC Chapter 5.58. The County ordinance is similar to the City ordinance but more detailed. Adoption of the County ordinance would shift the burden of regulating tobacco retailers from the City to the County.

Chapter 11.36 (Massage Establishments)
The City currently regulates tobacco retailers under SMMC Chapter 5.56. The County ordinance is similar to the City ordinance but more detailed. Adoption of the County ordinance would shift the burden of regulating tobacco retailers from the City to the County.

The adoption of these ordinances will not result in any additional expense being borne by the City. Public Health’s cost will be recovered from the regulated business. A full list of the Los Angeles County permitting fee schedule is published online and is listed within Part 2 (General Licensing Requirements) of Chapter 8.04 (Public Health 396578.2
Licenses) of Division 1 (Public Health Licenses) of Title 8 (Consumer Protection, Business and Wage Regulations) of the Los Angeles County Code. Some examples of relevant permitting fees include:
• Tobacco Retailer: $235
• Massage Establishment: $409
• Organized Camp: $772
• Swimming Pools: $162 – $1,007
• Retail Cannabis Facility: $1,942 – $2,385

ENVIRONMENTAL (CEQA)
The consideration of these ordinances is exempt from the California Environmental Quality Act (CEQA) under 14 CCR 15321 (Class 21 Categorical Exemption) as an example of an administrative decision to enforce existing codes.

STRATEGIC PLAN CORRELATION
The consideration of these public health code provisions furthers Strategy PS 3.3 (Effectively Enforce Existing City Codes) of Goal 3 (Manage Outdoor Environment) of “Maintain A Safe, Secure Community” Strategic Objective for Public Safety by determining which code provisions should be enforced within the City’s boundaries.

FISCAL IMPACT
There is no foreseeable fiscal impact to the City associated with adopting any of the ordinances listed above.

PUBLIC NOTICE
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at www.cityofsierramadre.com.

ATTACHMENTS:

Attachment A: Chapters of County Public Health Code
Attachment B: Los Angeles County Code Chapter 11.01 (Prevention Retaliation for Reporting Public Health Violations)
Attachment C: Los Angeles County Code Chapter 11.32 (Swimming Pools and Other Water Areas)
Attachment D: Los Angeles County Code Chapter 11.35 (Tobacco Retailing) Attachment E: Los Angeles County Code Chapter 11.36 (Massage Establishments)
Index of Division 1 (Health Code) of Title 11 (Health and Safety) of the Los Angeles County Code
Chapter Title

11.01 Preventing Retaliation for Reporting Public Health Violations

11.02 General Provisions and Definitions

11.04 Communicable Disease Control

11.06 Permits and Special Service Fees

11.07 Public Events With Daily Attendance of Over 10,000 Participants

11.08 Children's Camps

11.09 Shared Kitchen Complex

11.10 Food Demonstrators

11.11 Wholesale Food Safety Certification

11.12 Wholesale Food Establishments

11.13 Independent Wholesale Vehicles

11.14 Food Vending Machines

11.15 Nonsmoking Areas in Eating Establishments

11.16 Garbage and Other Waste Material

11.17 Microenterprise Home Kitchen Operations

11.19 Alcoholic Beverage Warning Signs

11.20 Housing

11.22 Industrial Establishments

11.24 Institutions

11.26 Laundries

11.28 Lead Hazards

11.30 Rodent and Pest Control

11.32 Swimming Pools and Other Water Areas

11.34 Swimming Pool Services

11.35 Tobacco Retailing

11.36 Massage Establishments

11.37 Cannabis Facilities

11.38 Water and Sewers

11.39 Adult Films; Short Title and Public Policy
Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.01 PREVENTING RETALIATION FOR REPORTING PUBLIC HEALTH VIOLATIONS Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:11 [EST] (Supp. No. 141)

Chapter 11.01 PREVENTING RETALIATION FOR REPORTING PUBLIC HEALTH

VIOLATIONS

11.01.010 Title.

The Ordinance codified in this Chapter shall be known as the "Preventing Retaliation for Reporting Public Health Violations Ordinance."
(Ord. 2020-0065U § 1, 2020.)

11.01.020 Definitions.

Whenever used in this Chapter, the following words and phrases shall be defined as set forth in this Section.

A. "Worker" means any employee who performs work for an Employer within the unincorporated areas of the County of Los Angeles or within any city that incorporates the entirety of this ordinance into its municipal code.

B. "Employer" means any person, as defined in section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly, or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs any Workers or exercises control over the wages, hours, duties, or working conditions of any Workers. This Chapter and the definition of "Employer" do not apply to federal, State, or local government entities.

C. "Health Officer Order" means any order or protocol issued by the Los Angeles County Health Officer.

D. "Public Health Council" means a group of Workers, not including supervisors or managers, whose purpose is to educate and inform other Workers for the same Employer regarding any Health Officer Order, any protections for Workers under Title 11 of this Code, any local emergency related to public health proclaimed by the Board of Supervisors, or any public health emergency declared by the Los Angeles County Health Officer.
(Ord. 2023-0035 § 2, 2023; Ord. 2020-0065U § 1, 2020.)

11.01.030 Retaliation Against Workers Prohibited.

A. No Employer may discriminate in any manner or take adverse action, including but not limited to termination, constructive termination, demotion, pay reduction, or reduction in hours, against any Worker in retaliation for:

1. Reporting to the County of Los Angeles, its Department of Public Health, any other County departments or designees, non-County agencies or entities, the Worker's Employer, other Workers, or Public Health Councils about the Employer's or another Worker's perceived noncompliance with a Health Officer Order, this Chapter, or any other Chapter of Title 11 of this Code;

2. Discussing with the County of Los Angeles, its Department of Public Health, any other County departments or designees, non-County agencies or entities, the Worker's Employer, other Workers, or Created: 2025-04-18 14:22:11 [EST]
(Supp. No. 141)

Public Health Council the Employer's, or another Worker's, perceived noncompliance with a Health Officer Order, this Chapter, or any other Chapter of Title 11 of this Code;

3. Belonging to or forming a Public Health Council;

4. Informing any Worker of his or her rights under this Chapter or any other Chapter of Title 11 of this Code, or assisting such Worker in exercising such rights;

5. Exercising any right provided under this Chapter; or

6. Discussing with another Worker a local emergency related to public health proclaimed by the Board of Supervisors or a public health emergency declared by the Los Angeles County Health Officer.

B. The protections of this Section shall apply to all communications and actions of a Worker set forth above in subsections A.1 through and including A.6 that are made in good faith.

C. Taking adverse action against a Worker within 90 days of the Worker's exercise of rights protected under this Section shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. (Ord. 2023-0035 § 3, 2023; Ord. 2020-0065U § 1, 2020.)

11.01.035 Worker Notification Requirement.

A. The Department of Consumer and Business Affairs ("DCBA") shall prepare and provide a notice informing workers of their rights under this Chapter for posting in order for employers to comply with this Section. The DCBA shall make available electronic and hardcopy versions of such notice.

B. Every employer shall post in a conspicuous place at any workplace or jobsite within the geographic boundaries of the County of Los Angeles ("the County") where any Worker works, excluding cities with their own Health Officer, the notice provided by the DCBA informing Workers of their rights under this Chapter.

Employers who do not have a physical jobsite within the geographic boundaries of the County must provide a copy of the notice to each worker who performs work within the geographic boundaries of the County, excluding cities with their own Health Officer.

C. If, during the course of an investigation or compliance check, the DCBA determines that there is a violation of this provision, the DCBA may issue and serve a Correction Order on the employer immediately requiring them to post the notice. The Correction Order shall identify the violation to be corrected and allow a reasonable amount of time to correct the violation.

D. An administrative fine of up to $500 payable to the County may be assessed for a violation of this provision.

The fine may be assessed and communicated to the employer according to the rules developed by the DCBA under section 11.01.060 of this Chapter. Each day of a continuing violation constitutes a new and separate violation.
(Ord. 2022-0064 § 1, 2022.)

11.01.040 Investigation of Complaints.

A. Any complaints alleging a violation of this Chapter must be lodged with the Department of Public Health or any of its agents or designees.

B. The Department of Consumer and Business Affairs shall act as an agent for the Department of Public Health to investigate any complaint under this Chapter.

C. The Department of Consumer and Business Affairs may issue a finding that an Employer has violated this Chapter no later than one year after receiving the corresponding complaint.

Created: 2025-04-18 14:22:11 [EST]
(Supp. No. 141)

(Ord. 2020-0065U § 1, 2020.)

11.01.050 Administrative Fine for Violation.

Any Employer who violates this Chapter may be subject to an administrative fine not to exceed $10,000 per violation per day pursuant to Chapter 1.25 of this Code. (Ord. 2020-0065U § 1, 2020.)

11.01.060 Adoption of Rules.

The Department of Consumer and Business Affairs may develop rules for the administration and implementation of this Chapter. A copy of such rules shall be filed with the Executive Officer of the Board and shall be in effect immediately thereafter.
(Ord. 2020-0065U § 1, 2020.)

11.01.070 Right of Action to Enforce Violations.

A. Any Worker aggrieved by an act made unlawful by this Chapter, or County Counsel on behalf of such Worker, may, within three years of an Employer's last act made unlawful by this Chapter, bring an action in the Superior Court of the State of California against that Employer for violations of this Chapter, and the aggrieved Worker may be awarded:

1. Where applicable, hiring or reinstatement to the position(s) sought or held before the alleged unlawful act, or front pay in lieu thereof.

2. All actual damages (including, but not limited to, lost pay and benefits and noneconomic damages) suffered by the Worker, or statutory damages in the sum of $10,000 per violation, whichever is greater.

3. Punitive damages pursuant to California Civil Code section 3294.

B. The court shall award reasonable attorneys' fees and costs to the prevailing party, including to a Worker, to County Counsel, or to an Employer who prevails in a lawsuit by a Worker and demonstrates that the Worker's lawsuit was frivolous.
(Ord. 2020-0065U § 1, 2020.)

11.01.080 Notice Before Initiating Suit.

A. Before a civil action is filed by a Worker or County Counsel under Section 11.01.070, the following requirements must be met:

1. The Worker or County Counsel must provide written notice to the Employer of the provisions of this Chapter alleged to have been violated and the facts to support the alleged violations; and

2. The Employer fails to cure the alleged violations of this Chapter within fifteen (15) business days of receiving such written notice.
(Ord. 2020-0065U § 1, 2020.)
Created: 2025-04-18 14:22:11 [EST]
(Supp. No. 141)

11.01.090 Severability.

If any section, subsection, sentence, clause, or phrase of this urgency ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion(s) of this urgency ordinance. The Board hereby declares that it would have passed this urgency ordinance and every section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. (Ord. 2020-0065U § 1, 2020.)
Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS
Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:20 [EST] (Supp. No. 141)

Chapter 11.32 SWIMMING POOLS AND OTHER WATER AREAS25

11.32.005 Title.

The Ordinance codified in this chapter shall be known as "Roxie's Swim Safe Ordinance." (Ord. 2022-0032 § 2, 2022.)

11.32.010 Applicability of Chapter Provisions.

This chapter shall apply to all pools, as defined herein, except pools located on the grounds of a private home. This chapter shall apply, but not be limited to, all public swimming pools, commercial pools, real estate and community pools, pools at hotels, motels, resorts, mobilehome parks, auto courts, apartment houses consisting of four (4) or more residential units, clubs, public and private schools, gymnasia and health establishments, juvenile detention facilities, and children's camps. This chapter shall apply to all auxiliary structures and equipment thereof, such as locker rooms, shower rooms, dressing rooms, and toilet facilities; and filtration, pumping, piping, disinfecting, and safety equipment provided and maintained in connection with such facility. (Ord. 2022-0032 § 3, 2022; Ord. 91-0099 § 1, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 550, 1959.)

11.32.020 Definitions.

A. "Accredited lifeguard" means a person who possesses a current certificate from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or has equivalent qualifications, a current American Red Cross Standard First Aid certificate or equivalent, and complies with the requirements of California Health and Safety Code section 116028. In addition, for public swimming areas, the lifeguard shall have experience as an accredited lifeguard for at least one swimming season or 100 hours of advanced open water training or equivalent qualifications.

B. "Accredited lifeguard supervisor" means an accredited lifeguard who has the ability to monitor lifeguard performance as it relates to lifeguard and facility-specific training, including performing pre-service assessments; successful completion of a lifeguard supervisor training course; previous experience as an accredited lifeguard for at least three (3) months; knowledge of strategies to reduce risk and mitigate the health and safety hazards to both the patrons and the staff; and knowledge of development and evaluation of zones of bather surveillance responsibility diagrams for an aquatic venue.

C. "Children's camp" has the same meaning as defined in Section 8.04.080.

D. "Children's day camp" has the same meaning as defined in Section 8.04.081.

E. "Children's overnight camp" has the same meaning as defined in Section 8.04.082.

F. "Department" means the Los Angeles County Department of Public Health.

G. "Direct fee" means a separately stated fee or charge for the use of a public swimming pool to the exclusion of any other service, facility, or amenity.

Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

H. "Lazy river" means channeled flow of water of near constant depth in which the water is moved by pumps or other means of propulsion to provide a river like flow that transports bathers over a defined path. A lazy river may also be referred to as a tubing pool, leisure river, leisure pool, or a current channel.

I. "Lifeguard in training" means a person who performs lifeguard duty under the direct supervision of an accredited lifeguard during a training program or preparatory to becoming an accredited lifeguard.

J. "Lifeguard services" means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who are accredited lifeguards and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation (CPR) as referenced in California Health and Safety Code section 1797.182 and who have no duties to perform other than to supervise the safety of participants in watercontact activities.

K. "Public swimming area" means any portion of a body of water owned, operated, or under the control of any person which is permitted to be used for swimming and bathing, except:

1. A swimming pool;

2. A wading pool;

3. Any portion of the Pacific Ocean; and

4. Swimming areas owned and controlled by a single family and used only by that family and its guests.

For any body of water other than described in paragraphs 1, 2, 3, or 4 above, swimming or recreative bathing shall be at the user's discretion, unless it is clearly and plainly posted, in a manner acceptable to the Department, warning that swimming or recreative bathing is prohibited.

If the Department finds that a body of water or any portion thereof is, in the normal course of events, used by such a small number of persons in relation to the area of such body of water or portion thereof, that those provisions of this division relating to public swimming areas are not necessary for the preservation of public peace, health or safety, such body of water or such portion thereof is not a "public swimming area." L. "Public swimming pool" means any swimming pool, hot tub, spa, or non-portable wading pool, that is any of the following:

1. Open to the public generally, whether for a fee or free of charge.

2. Open exclusively to members of an organization and their guests; residents of an apartment building, apartment complex, residential real estate development, or other multifamily residential area, consisting of four (4) or more units; patrons of a hotel or other public accommodations facility; or campers participating in a children's camp.

3. Located on the premises of an athletic club, or public or private school.

4. Owned or operated by the state or any local government entity.

M. "Spray pool" means any artificially constructed pool or basin, used or intended to be used by the public, which intercepts, but does not impound water sprayed over or onto it.

N. "Swimming pool" and "pool" each means an artificial basin, chamber or tank constructed or prefabricated with impervious material, located outdoors or indoors, whether in-ground or above-ground, and used, or intended to be used, for swimming, diving, or recreative bathing. It does not include baths where the main purpose is the cleaning of the body, nor individual-type therapeutic tubs.

O. "Wading pool" means any artificially constructed pool used or intended to be used for wading by the public, with a maximum depth of not more than eighteen (18) inches.

P. "Waterslide" means a slide that runs into a landing pool or runout through a fabricated channel with flowing water.

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(Supp. No. 141)

Q. "Wave pool" means a swimming pool designed for the purpose of producing breaking wave action in the water and that is not primarily designed for standup surfing, or bodyboarding. (Ord. 2022-0032 § 4, 2022; Ord. 9656 § 1, 1968; Ord. 9375 §§ 1 (part) and 2 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 §§ 551, 552, 554, 559, 562 and 563, 1959.)

11.32.030 Public Swimming Areas—Water Quality Standards.

The water used in a public swimming area shall meet the following:

A. No sewage discharges shall exist in the immediate vicinity of, or immediately upstream from, bathing areas; B. Dilution and time of travel between point of sewage discharge and bathing area shall be sufficient to allow natural purification to occur so that the presence of harmful organisms of sewage origin is unlikely; C. The complete sanitary survey of the area is satisfactory; and D. The waters meet the following bacteriological standards:

1. Of all the samples collected during any 30day period, the average coliform index Most Probable Number (MPN) (confirmed test) shall not exceed five (5) coliform organisms per milliliter (500 per 100 ml.).

2. Not more than ten percent (10%) of the samples tested shall exceed a coliform index MPN (conformed test) of ten (10) coliform organisms per milliliter (1,000 per 100 ml.), provided further that no single sample, when verified by a repeat sample taken within 48 hours, shall exceed 100 per milliliter (10,000 per 100 ml.).

3. The bacteriological standards shall be run in accordance with Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association. (Ord. 2022-0032 § 5, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 553, 1959.)

11.32.040 Public Swimming Areas—Lifesaving and First Aid Equipment.

A. Every public swimming area shall be provided with a minimum of one (1) approved life ring, buoy or equivalent at least fifteen (15) inches in diameter and, where so required, one rescue pole at least twelve (12) feet long, with hook. Such life rings, buoys or equivalent and rescue hook shall be readily accessible to each lifeguard, the location and spacing thereof to be determined by consideration of the area to be covered, configuration of water area and related factors, and approved by the Department. Such life rings, buoys, or equivalent shall have attached to them 75 feet of sound, 3/16-inch line, which shall be stored, when not in use, in such a way as to prevent kinking or fouling.

B. When, in the opinion of the Department, any public swimming area is of such size that unaided swimming rescues by lifeguards do not offer sufficient protection to swimmers, one or more square-sterned boats equipped with oars, oarlocks, life rings, or hollow-type paddle boards, as the Department approves, shall be provided.

C. A standard, 24-unit or larger first aid kit shall be provided and properly maintained, and kept readily available at all public swimming areas.
(Ord. 2022-0032 § 6, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 565, 1959.) Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

11.32.050 Public Swimming Areas, Public Swimming Pools and Swimming Pools—Lifeguards and Aquatic Safety Plans.

A. The following locations shall provide lifeguard services:

1. Public swimming pools located at or used by children's camps and schools.

2. Public swimming pools where a direct fee is charged.

3. Public swimming pools with an induced current or wave action, including but not limited to, wave pools.

4. Swimming pools located at or used by juvenile detention facilities.

5. Lazy rivers.

6. Waterslides.

7. Public swimming pools where alcohol is served.

8. Public swimming areas when open or in use.

B. For all other public swimming pools, lifeguard service shall be provided, or signs shall be erected clearly indicating that lifeguard service is not provided. The lettering shall be legible and at least one (1) inch (25.4 mm or 36 point type) high, with a contrasting background.

C. All swimming pools requiring lifeguard services in this section shall create and implement an Aquatic Safety Plan as described below. The Aquatic Safety Plan shall include, but is not limited to, the following:

1. Pool areas staffing plan, which describes how pool staff will maintain the public swimming pool in a safe condition, including addressing health and safety hazards, water quality, staff training, facility rules and regulations, and responding to hazards and emergencies.

2. Accredited lifeguard plan, developed by an accredited lifeguard, which describes lifeguard responsibilities, including those responsibilities identified in the pool areas staffing plan and related activities.

3. Lifeguard staffing plan, which identifies the number of on-duty lifeguards needed to meet swimming pool safety and staffing requirements, and describes the duration and rotation of lifeguard tasks, staffing requirements, including any needed breaks and coverage, supervisor staffing and other staffing needs, and any additional lifeguard responsibilities.

4. Emergency Action Plan (EAP), which describes how the swimming pool staff will respond to emergency situations, including identifying responding staff, communications, equipment, and procedures.

5. Biohazard action plan, which describes the decontamination requirements should a swimming pool become contaminated, including access and restriction by the public, cleaning and disinfection, and maintenance of a record of the details of the contamination, and disposal of contaminants.

6. Accidental chemical release plan, which describes the procedures to appropriately respond to a chemical release in a swimming pool, including necessary equipment and response and cleanup procedures.

D. The swimming pool owner/operator shall retain a copy of the Aquatic Safety Plan on file at the pool facility and shall make it available for inspection by the Department. The Aquatic Safety Plan must satisfactorily contain each of the elements provided in C. 1 - 6 of this Section. The owner/operator of a swimming pool shall review and update the Aquatic Safety Plan at least annually and shall make the Aquatic Safety Plan available to the Department upon request. If, after review of the Aquatic Safety Plan, the Department finds it Created: 2025-04-18 14:22:19 [EST]
(Supp. No. 141)

deficient in the Department's opinion, the Department shall notify the owner/operator to correct and/or revise the Aquatic Safety Plan. Upon such notification, the owner/operator shall provide a revised Aquatic Safety Plan with corrections within fourteen (14) days to the Department.

E. The owner/operator shall maintain incident report records of all lifeguard rescues where the accredited lifeguards enter the water and activate the EAP. Such records shall be maintained by the owner/operator for a minimum of two (2) years from the date of incident.

F. All incidents of drowning and near-drowning which required emergency medical treatment and transportation to a health facility shall be reported by the owner/operator of a public swimming pool or public swimming area to the Department within 24 hours of the incident. (Ord. 2022-0032 § 7, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 564, 1959.)

11.32.060 Public Swimming Areas—Dressing Room Requirements.

If dressing rooms are provided at a public swimming area, they shall comply with the following:

A. Public swimming areas used simultaneously by both sexes shall be provided with separate dressing rooms, with separate entrances to and exits from the dressing rooms.

B. All dressing room walls and partitions shall have smooth surfaces which are impervious to moisture and free from cracks or open joints. Walls of compartments within a dressing room shall be constructed in such a manner that there is a clear, intervening space of not less than eight (8) inches between the bottom of the partition and the floor, unless otherwise approved by the Department.

C. Floors in the dressing rooms, toilet rooms, and shower rooms shall be impervious and rough enough (but not abrasive to the feet) so as to be nonskid, similar to a "rough rotary, raised rubber, or wood float," finished, and shall be free from cracks or open joints. Floors shall pitch not less than one-fourth inch per foot to floor drains or surface-water disposal areas. All junctures of floors with walls and partitions shall be coved. Wood floors or wooden slats over concrete floors shall not be permitted.

D. When lockers are provided, they shall be kept clean and free from vermin, properly ventilated, and shall be fastened firmly to concrete islands, or shall be installed with at least a six (6)-inch-high clear space beneath to permit flushing of the floor.

E. All dressing rooms, shower rooms, toilets, lavatory rooms, and all other rooms in a bathhouse, shall be adequately ventilated and lighted. A minimum light intensity of three footcandles shall be provided in all parts of said rooms.

F. Toilets shall be provided in close proximity to any dressing rooms, in addition to requirements specified in Section 11.32.070.
(Ord. 2022-0032 § 8, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 568, 1959.)

11.32.070 Public Swimming Areas—Toilet Facilities.

A. Adequate toilets for each sex shall be provided and maintained not over 300 feet distant from any portion of public swimming areas.

B. All toilet facilities shall be maintained in a sanitary condition, well lighted and ventilated, and shall be kept supplied with toilet paper at all times.

C. The type and location for such existing toilets shall be acceptable to the Department and plans for new toilet facilities shall be approved by the Department prior to construction.

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(Supp. No. 141)

(Ord. 2022-0032 § 9, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 567, 1959.)

11.32.080 Health Restrictions For Employees and Other Persons.

Public pool employees and users must not present a health hazard to others using the public pool or ancillary facilities, pursuant to Title 22, California Code of Regulation section 65541, and the same provisions shall apply to employees and users of public swimming areas.
(Ord. 2022-0032 § 10, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 570, 1959.)

11.32.090 Drinking Fountains Required Where.

At least one approved drinking fountain shall be installed and maintained in each wading pool area and each public swimming area for the use of the persons using the public swimming area or wading pool. (Ord. 2022-0032 § 11, 2022; Ord. 9375 § 2 (Part), 1967; Ord. 7583 Part 3 Ch. 6 § 569, 1959.)

11.32.100 Wading Pools—Construction.

A. The lining material of all wading pools shall be impervious to moisture and shall have a smooth finish, and the wading pool bottom shall be constructed to minimize slippage. There shall be a deck of not less than four (4) feet in width surrounding the wading pool; said deck shall be constructed of impervious material and shall have a smooth, nonslip finish.

B. Wading pools shall have a bottom slope of not less than one (1) inch to each four (4) feet, nor more than one (1) inch per foot, toward the drains. There shall be no raised drains, steps or other obstructions on which children may fall or become injured in the wading pool.

C. The wading pool shall be equipped with a drain at its lowest point. The drain shall not be connected directly to any part of a sewage disposal system.
(Ord. 2022-0032 § 12, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 556, 1959.)

11.32.110 Wading Pools—Adult Supervision Required.

Every person maintaining a wading pool which is open to the public shall supply constant adult supervision at all times when such wading pool is open to the public.
(Ord. 2022-0032 § 13, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 555, 1959.)

11.32.120 Wading Pools—Disinfection.

A chlorine residual of at least 3 ppm and a pH in the range of 7.2—7.8 shall be maintained at all times the wading pool is in use. A testing kit shall be maintained at the wading pool for this purpose. (Ord. 2022-0032 § 14, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 557, 1959.)

11.32.130 Wading Pool—Water Clarity and Recirculation.

The water of all wading pools shall be kept sufficiently clear that the bottom of the wading pool will be visible at all times. A recirculating system shall be provided for each wading pool constructed subsequent to July 1, 1964. In lieu Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

of a recirculating system, existing wading pools may be emptied and refilled at least every two hours during the time the wading pool is open for use.
(Ord. 2022-0032 § 15, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 558, 1959.)

11.32.140 Water Supply.

A. All water supplied to a wading pool or spray pool shall be from a source approved by the Department.

B. The water supply for all showers, toilets, lavatories, and drinking facilities provided or maintained in connection with public swimming areas, spray pools and wading pools shall be adequate in quantity and shall meet the Department's requirements for drinking water.
(Ord. 2022-0032 § 16, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 566, 1959.)

11.32.150 Spray Pool Requirements.

Spray pools shall be constructed in such a manner that all sprayed water falls into the pool or basin and runs to a drain which discharges into an approved disposal system. No obstructions, such as raised drains or steps which might cause injury to children in such pools, shall be permitted. (Ord. 2022-0032 § 17, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 560, 1959.)

11.32.160 Swimming Pool Equipment—Requirements.

A. All swimming pool equipment shall comply with the requirements of the California Building Code, Title 24, section 3123B.

B. All recirculation and purification equipment shall be subject to review and approval by the Department before installation in connection with a swimming pool.

C. It is unlawful for any person to install any recirculation and purification equipment related to a swimming pool unless such equipment has first been reviewed and approved by the Department. (Ord. 2022-0032 § 18, 2022; Ord. 2014-0024 § 31, 2014; Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 561, 1959.)

11.32.170 Implementation Date of Amendments.

Amendments made to this chapter and adopted in 2022 are effective on January 1, 2023. (Ord. 2022-0032 § 19, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 561.2, 1959.) Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.35 TOBACCO RETAILING
Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:20 [EST] (Supp. No. 141)

Chapter 11.35 TOBACCO RETAILING

11.35.010 Purpose and Application.

In promoting the health, safety, and general welfare of its residents, the County of Los Angeles has a substantial interest in encouraging compliance with federal, State, and local laws regulating tobacco sales and use; discouraging the purchase and use of tobacco products by anyone under the age of 21; increasing compliance with laws prohibiting the sale of tobacco products to anyone under the age of 21; and protecting children from being lured into nicotine and tobacco use through the illegal sale of products, including vaping products. It is the intent of the Ordinance codified in this Title, together with the additions to Title 7, to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit the sale or distribution of tobacco products to anyone under the age of 21. This Ordinance does not expand or reduce the degree to which the acts regulated by federal or State law are criminally proscribed or otherwise regulated. (Ord. 2019-0049 § 4, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.020 Definitions.

For the purpose of this Chapter, the words and terms listed below shall have the following meanings:

A. "Accessory" means equipment, products, or materials that are used, intended for use, or designed for use in smoking, vaping, ingesting, inhaling, or otherwise introducing tobacco or tobacco products into the human body and can be an object or device that is not essential in itself but adds to the beauty, convenience, or effectiveness of something else.

B. "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, when neither is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Chapter that occurred at the location, is presumed not to be an arm's length transaction.

C. "Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices.

D. "Cigarette" is any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which is likely to be offered to, or purchased as a cigarette, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling.

E. "Cigarillo" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand units. "Cigarillo" includes, but is not limited to, tobacco products known or labeled as small cigar or little cigar.

F. "Component" means any item intended or reasonably expected to be used with or for the human consumption of a tobacco product.

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(Supp. No. 141)

G. "Department" means the Los Angeles County Department of Public Health.

H. "Director" means the Director of the Los Angeles County Department of Public Health or designee.

I. "Electronic Smoking Device" means an electronic device, including but not limited to an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah, vaping device, or any other product name or descriptor, which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether manufactured, distributed, marketed, or sold as such.

J. "Flavored Tobacco Product" means any tobacco product, as defined in this Chapter, which imparts a characterizing flavor.

K. "License" means a Tobacco Retail License issued by the County pursuant to this Section.

L. "Licensee" means any proprietor holding a license issued by the County pursuant to this Chapter.

M. "Little Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand units. "Little Cigar" includes, but is not limited to, tobacco products known or labeled as small cigar or cigarillo.

N. "Package" or "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale.

O. "Part" means a piece or segment of something, which combined with other pieces makes up the whole.

P. "Person" means any individual, entity, firm, partnership, joint venture, limited liability company, association, social or professional club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or other group or combination of the above acting as a single unit.

Q. "Pharmacy" means any retail establishment, including any location with an on-site pharmacy, in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

R. "Proprietor" means a person with an ownership interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt.

S. "Self-service Display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

T. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, characterizing flavors in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices, and any other item designed or used for the smoking or ingestion of tobacco products.

U. "Tobacco Product" means the following:

1. Any product containing, made, or derived from tobacco or nicotine whether natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; or

2. Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

3. Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.

4. "Tobacco Product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

V. "Tobacco Retailer" means any person who sells, offers for sale or distribution, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, distributed, exchanged, or offered for exchange.

W. "Tobacco Retailing" means selling, offering for sale, exchanging, or offering to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.
(Ord. 2019-0049 § 5, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.030 Mandatory Tobacco Retail License.

A. Any person intending to act as a tobacco retailer, who does not currently hold a Tobacco Retail License, shall, within 180 days of the effective date of the Ordinance codified in this Chapter, obtain a Tobacco Retail License for each location at which tobacco retailing is to occur.

B. Nothing in this Chapter shall be construed to grant any licensee any status or right other than to act as a tobacco retailer at the location identified on the face of the Tobacco Retail License, subject to compliance with all other applicable laws, regulations, or ordinances. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law. (Ord. 2019-0049 § 6, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.040 Application Procedure for Tobacco Retail License.

All applications for a Tobacco Retail License shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and signed by each prospective proprietor or an authorized agent. Each Tobacco Retail License application must be accompanied by the required Tobacco Retail License fee pursuant to Section 8.04.720 of this Code. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. Every application shall contain the following information:

A. The name, address, and telephone number of each proprietor.

B. The business name, address, and telephone number of the fixed location for which the Tobacco Retail License is sought.

C. Whether any proprietor has previously been issued a Tobacco Retail License pursuant to this Chapter that is, or was at any time, suspended or revoked and, if so, the date of the suspension or revocation.

D. Proof that the location for which a Tobacco Retail License is sought has been issued a valid State tobacco retailer's license by the California Department of Tax and Fee Administration, in addition to any other required or applicable licenses, permits, or certifications.

E. A signed affirmation by each proprietor of being informed of, and agreeing to abide by, the laws affecting tobacco retail licenses.

F. Such other information as the County deems necessary for the administration of this Chapter.

Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

Any application that is denied is subject to an administrative review, at the request of the applicant, which shall be held pursuant to the provisions of Section 11.35.110 of this Chapter. (Ord. 2019-0049 § 7, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.050 Issuance and Renewal of Tobacco Retail License.

A. Upon receipt of an application for a new Tobacco Retail License and applicable fee, as set forth in Section

8.04.720, the applicant(s) shall be issued a Tobacco Retail License unless:

1. The application is incomplete, inaccurate, false, or misleading;

2. The Department has information that the applicant, or the applicant's agent(s) or employee(s), violated any local, State, or federal tobacco control law within the preceding 180 days; or

3. The application seeks authorization for tobacco retailing at an address where a previous Tobacco Retail License has been suspended, revoked, or is subject to suspension or revocation proceedings for any violation of any of the provisions of this Chapter. However, this shall not constitute a basis for denial of a Tobacco Retail License if either or both of the following apply:
a. The applicant provides documentation which clearly demonstrates that the applicant has acquired or is in the process of acquiring the premises or business in an arm's length transaction; or
b. It has been more than five years since the most recent Tobacco Retail License for that location was revoked.

B. Renewal of Tobacco Retail License. A Tobacco Retail License shall be valid for one year and must be renewed between 30 and 60 days prior to the expiration of the Tobacco Retail License. A Tobacco Retail License may be renewed for additional one year periods by submission of a renewal application and the applicable fee.

Any Tobacco Retail License that is suspended, has been revoked within the previous five years, or is subject to suspension or revocation proceedings shall not be renewed until suspension or revocation proceedings are complete and the suspension or revocation period, if any, is over. (Ord. 2019-0049 § 8, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.055 Business License Required.

A. In addition to the Tobacco Retail License, any Tobacco Shop in an unincorporated area of the County, devoted exclusively or predominantly to the sale of tobacco, tobacco products, and tobacco paraphernalia, must have a valid business license as required by Title 7 of this Code.

B. Tobacco Shops currently holding a valid Tobacco Retail License as of the effective date of the Ordinance codified in this Chapter must apply for a business license as required by Title 7 of this Code and may legally operate while such application is in active process.

C. Any retailer establishing a new Tobacco Shop after the effective date of this Ordinance must apply for and obtain a business license as required by Title 7 of this Code and a Tobacco Retail License, as required by this Chapter, before it may legally operate.

D. If the business license is revoked or suspended for any period of time, the Tobacco Retail License shall be automatically revoked or suspended for the same period. (Ord. 2019-0049 § 9, 2019.)
Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

11.35.060 Tobacco Retail License Nontransferable.

A Tobacco Retail License is nontransferable. If a licensee changes business location, that licensee must obtain a new Tobacco Retail License prior to acting as a tobacco retailer at the new location. If a business licensed as a tobacco retailer is sold or transferred, the new proprietor must obtain a Tobacco Retail License for that location before acting as a tobacco retailer.
(Ord. 2019-0049 § 10, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.070 Violations.

A. It shall be a violation of this Chapter for a tobacco retailer/licensee, or its agent(s) or employee(s), to violate any federal, State, or local tobacco law or regulation, including any provision of this Chapter.

B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation.

C. Failure to prominently display the Tobacco Retail License in a publicly visible location at the licensed premises shall constitute a violation.

D. The failure of the tobacco retailer/licensee, or the applicant's agent(s) or employee(s) to allow any peace officer, the Director, or any authorized County official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, State, or local tobacco law or regulation, including any provision of this Chapter, at any time the business is open for business shall constitute a violation.

E. After 180 days of the effective date of the Ordinance codified in this Chapter, it shall be a violation of this Chapter for a tobacco retailer/licensee or its agent(s) or employee(s) to sell or offer for sale, or to possess with the intent to sell or offer for sale, any flavored tobacco product or any component, part, or accessory intended to impart, or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices.

F. No tobacco retailer/licensee or its agent(s) or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least 20 little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than 20 units.

G. Tobacco retailing by means of a self-service display is prohibited, pursuant to State law.

H. A Tobacco Retail License may be issued to authorize tobacco retailing at a fixed location only. Tobacco retailing on foot or from vehicles, carts, or any other non-fixed location, is prohibited and shall be considered a violation of this Chapter.

I. No Tobacco Retail License may issue and no existing Tobacco Retail License may be renewed, to authorize tobacco retailing in a pharmacy, including any location with an on-site pharmacy.

J. Each tobacco retailer/licensee and its agent(s) or employee(s) must be over the age of 21 in order to sell tobacco and/or tobacco products.
(Ord. 2019-0049 § 11, 2019; Ord. 2007-0118 § 3 (part), 2007.) Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

11.35.080 Compliance Checks.

A. Compliance with this Chapter shall be monitored by the Department of Public Health ("Department") or any law enforcement officer. Any law enforcement officer may conduct compliance checks, including but not limited to youth decoy operations, and enforce the penal provisions of this Chapter.

B. The Department shall check the compliance of each tobacco retailer a minimum of one time per 12 month period. Compliance checks may be unannounced.
(Ord. 2019-0049 § 12, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.090 Administrative Fines.

Subject to the requirements of Chapter 1.25 of this County Code, the Director may impose administrative fines on persons violating any provision of this Chapter or any federal, State, or local law or regulation incorporated into this Chapter. The Director may impose a fine upon such violators in an amount determined by the Director. The imposition of any such fine shall in no way limit the Director's ability or authority to impose other requirements of this Chapter or seek other remedies against violators.
(Ord. 2019-0049 § 13, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.100 Suspension or Revocation of Tobacco Retail License.

A. In addition to any other remedy authorized by law, a Tobacco Retail License may be suspended or revoked as provided in this Section if it is discovered that any of the following occurred:

1. The licensee, or the licensee's agent(s) or employee(s), violated any provision of this Chapter. Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location;

2. The original or renewal application contained incomplete, inaccurate, false, or misleading information;

3. One or more of the bases for denial listed in Section 11.35.050 existed before the Tobacco Retail License was issued; or

4. A licensee is convicted of a misdemeanor or felony violation of any federal, State, or local tobacco law or regulation, including any provision of this Code.

B. During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco paraphernalia from view, including from displays and behind counter storage areas, whether or not visible to the public. All tobacco products and tobacco paraphernalia must be placed in a room that is separate from the area where point of sale transactions occur, or removed from the tobacco retail location entirely. Failure to do so may be considered a subsequent violation.

C. During any period of suspension or revocation, the tobacco retailer/licensee shall conspicuously post, at each point of sale register and near the entrance door of the tobacco retail location, a notice of a Tobacco Retail License suspension provided by the Department of Public Health. The notice shall include the suspension or revocation period, reason for suspension or revocation, tobacco retailer/licensee and location information, and Department of Public Health contact information to report violations.

D. When the Director finds a violation as set forth in this Chapter, the Tobacco Retail License may be suspended or revoked as follows:

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(Supp. No. 141)

1. Upon finding by the Director of a first Tobacco Retail License violation within any five year period, the Tobacco Retail License may be suspended for up to 30 days;

2. Upon a finding by the Director of a second Tobacco Retail License violation within any five year period, the Tobacco Retail License may be suspended for up to 90 days;

3. Upon a finding by the Director of a third Tobacco Retail License violation in any five year period, the Tobacco Retail License may be suspended for up to 120 days; and

4. Upon a finding by the Director of a fourth Tobacco Retail License violation within a five year period, the Tobacco Retail License shall be revoked.
(Ord. 2019-0049 § 14, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.110 Suspension or Revocation Procedure.

A. Before a Tobacco Retail License is suspended or revoked, the Director shall provide written notice to the licensee. Said notice shall include the following:

1. A statement that the proprietor's Tobacco Retail License is being suspended or revoked pursuant to this Chapter;

2. The Code Section violated by licensee or licensee's agents or employees;

3. A description of the violation that occurred;

4. The address of the business where the violation occurred; and

5. The procedure for requesting an administrative review.

B. A licensee served with a notice of suspension or revocation may request an administrative review to contest the suspension or revocation. The request must be made in writing and filed with the Director within 10 calendar days of service of the notice of suspension or revocation. Failure to timely request an administrative review shall be deemed a waiver of the right to request such a review and a failure to exhaust administrative remedies.

C. After receiving a timely administrative review request, the Director shall schedule an administrative review within 20 calendar days of receipt of the written request and designate a reviewing officer. The Director may appoint as a reviewing officer, any Department or other County employee with expertise in public health who is not directly involved in inspection or enforcement of tobacco retailing establishments.

D. The proprietor shall be given written notice of the date, time, and location of the administrative review and the name of the reviewing officer who will conduct the administrative review at least 10 calendar days in advance of the review.

E. The reviewing officer, in their discretion, may grant a reasonable continuance upon the written request and showing of good cause.

F. At the administrative review, the Department has the burden of providing by a preponderance of the evidence that the alleged violation occurred.

G. The failure to appear at the administrative review shall constitute an abandonment of the review request and a failure to exhaust administrative remedies.

H. Within 10 calendar days after the close of the administrative review, the reviewing officer shall issue a written decision on the suspension or revocation of the Tobacco Retail License, including a statement of the basis for the decision. The reviewing officer's written decision shall constitute the final administrative decision of the County.

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(Supp. No. 141)

I. If the Director revokes a Tobacco Retail License, no new Tobacco Retail License may be issued for five years after that revocation.
(Ord. 2019-0049 § 15, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.120 Violation—Other Penalties.

A. In addition to any other penalties and remedies provided by law, including the provisions of this Chapter, any violation of the provisions of this Chapter may be charged as a misdemeanor pursuant to Chapter 1.24 of this Code, or, in the discretion of the prosecutor, as an infraction. Any person who violates any provision of this Chapter is subject to a civil action, including but not limited to, an injunction, as well as prosecution for any criminal violation.

B. In addition to any other penalty under this Chapter, a person found to have engaged in tobacco retailing without a valid Tobacco Retail License shall be ineligible to apply for or be issued a Tobacco Retail License as follows:

1. After a person is caught in violation of this Section, no new Tobacco Retail License may be issued for the person as a proprietor until 30 days have passed from the date of the violation; and

2. Each day that a person engages in tobacco retailing without a valid Tobacco Retail License shall constitute a separate violation.

C. Any person found by the Director to be ineligible to be issued a Tobacco Retail License pursuant to this Section may request an administrative review within 10 days of notice of the violation. The request must be made to the Director in writing. Any administrative review shall be held pursuant to the provisions of Section

11.35.110 of this Chapter.

D. Violations of this Chapter are hereby declared to be public nuisances pursuant to this Code. (Ord. 2019-0049 § 16, 2019; Ord. 2007-0118 § 3 (part), 2007.)

11.35.130 Conflict with Other Law, Severability, Saving Clause.

Nothing in this Chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of this Chapter or the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. 2019-0049 § 17, 2019; Ord. 2007-0118 § 3 (part), 2007.) Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.36 MASSAGE ESTABLISHMENTS
Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:21 [EST] (Supp. No. 141)

Chapter 11.36 MASSAGE ESTABLISHMENTS
Part 1 GENERAL PROVISIONS

11.36.010 Purpose and Intent.

The ordinance codified in this Title, together with the additions and amendments to Titles 7, 8, and 22, are collectively referred to as the Los Angeles County Massage Establishment Ordinance. These Titles should be read together to understand an applicant and permittee's legal obligations and the Board of Supervisors' intent in implementing these provisions.
(Ord. 2020-0008 § 43, 2020.)

11.36.020 Definitions.

Definitions contained within Title 8, Chapter 8.04 of the Consumer Protection, Business and Wage Regulations shall pertain to this Chapter.
(Ord. 2020-0008 § 43, 2020.)

11.36.030 Referral of Massage Establishment Public Health Permit Applications and Law Enforcement Notification.

A. The County Health Officer, or his or her designee, within ten (10) days of receiving an application for a public health permit to operate a Massage Establishment shall refer the applicant to the Tax Collector or the incorporated city agency to obtain the applicable business license.

B. The County Health Officer, or his or her designee, shall notify the Sheriff's Department or local police department of all approved and denied Massage Establishment public health permit applications. (Ord. 2020-0008 § 43, 2020.)
Part 2 GENERAL REQUIREMENTS OF MASSAGE ESTABLISHMENTS

11.36.040 Employment of Minors Prohibited.

It shall be unlawful to employ in a Massage Establishment any individual who is not at least eighteen (18) years of age, including the use of independent contractors.
(Ord. 2020-0008 § 43, 2020.)
Created: 2025-04-18 14:22:20 [EST]
(Supp. No. 141)

11.36.050 Maintenance of Premises and Equipment.

A. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the Massage Establishment shall be in good repair and maintained in a clean and sanitary condition.

B. The Massage Establishment's windows may not be completely obstructed.

C. Pools, showers, wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

D. Clean and sanitized towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

E. Separate, adequate, closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked: "Clean Linen," "Soiled Linen." Linen includes, but is not limited to, sheets, towels, and apparel. Soiled towels, linens and sheets shall be laundered and dried on the premises of suitable laundry facilities or at a commercial laundry service.

F. Standard or portable massage tables with a durable, washable plastic or other waterproof material as a covering shall be used. Foam pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds, mattresses and water beds may not be used in the administration of a massage.

G. The facility shall be free of vermin, including but not limited to cockroaches, mice, rats, and other pests that carry disease.

H. A room, enclosure, or designated area that is separate from the toilet, massage room(s), steam room, or other common areas shared by the clients shall be designated and provided to employees at all times. The employee area(s) shall be furnished with adequate storage space for employees' personal belongings. Clients and members of the public may not have access to the employee area.

I. Liquid waste shall be disposed of through the approved plumbing system and shall discharge into the public sewerage or into an approved private sewage disposal system. (Ord. 2020-0008 § 43, 2020.)

11.36.060 Draping the Client—Required.

No massage, massage services, or massage therapy may be administered unless the patron's genitalia, and female breasts, are covered.
(Ord. 2020-0008 § 43, 2020.)

11.36.070 Attire Requirements.

All Massage Technicians shall meet the attire requirements specified in the California Business and Professions Code section 4609, subdivision (a)(10). All other employees, independent contractors, and owners of the Massage Establishment shall remain fully clothed in clean outer garments while on the premises of the Massage Establishment. At a minimum, such clothing shall be made of non-transparent material and shall cover the entirety of the torso area from above the chest to the knee.
(Ord. 2020-0008 § 43, 2020.)
Title 11 - HEALTH AND SAFETY
Division 1 - HEALTH CODE
Chapter 11.36 - MASSAGE ESTABLISHMENTS
Part 3 OPERATIONAL REQUIREMENTS OF MASSAGE ESTABLISHMENTS Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:21 [EST] (Supp. No. 141)

Part 3 OPERATIONAL REQUIREMENTS OF MASSAGE ESTABLISHMENTS

11.36.080 Hours of Operation and Other Restrictions.

The permittee shall not conduct business or operate a Massage Establishment between the hours of 10:30 p.m. and 7:00 a.m. of any day.
(Ord. 2020-0008 § 43, 2020.)

11.36.090 Massage Technician—Required.

A. It shall be unlawful for any individual to practice massage therapy for compensation at a Massage Establishment unless that individual is a Massage Technician, as defined in Section 8.04.1410.

B. CAMTC-certification or a picture identification issued by the Tax Collector shall be worn by and clearly visible on the massage technician's person during working hours and at all times when the massage technician is in the Massage Establishment.

C. Massage Technicians shall not engage in lewd conduct on business premises of the Massage Establishment.

Lewd conduct means touching the genitals, buttocks, or female breast of either the Massage Technician or customer with some part of the other person's body for the purpose of sexual arousal or gratification. (Ord. 2020-0008 § 43, 2020.)

11.36.100 Manager—Required.

While open, all Massage Establishments licensed under Section 8.04.288, except Sole Proprietors, shall have a manager as defined in Section 8.04.1410 on the premises. The manager must be familiar with and capable of communicating with employees, independent contractors, and patrons of the establishment on the requirements of this Chapter and State law as it relates to massage therapy. (Ord. 2020-0008 § 43, 2020.)

11.36.110 Entry and Exit.

Massage Establishment clients shall enter and exit exclusively through the main entrance of the Massage Establishment. The main entrance shall be the door facing the street or, if no such door exists, the door that is most visible to members of the public passing by the Massage Establishment. (Ord. 2020-0008 § 43, 2020.)

11.36.120 Cleanliness.

A. Instruments used for massage shall be disinfected prior to each use by a reasonable method approved by the County Health Officer or his or her designee. Where such instruments for massage are employed, adequate quantities of supplies for disinfection shall be available during all hours of operation.

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(Supp. No. 141)

B. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

C. Hot (100°F) and cold running water shall be provided at all times. (Ord. 2020-0008 § 43, 2020.)

11.36.130 Contamination Prevention.

A. Skin products, such as oil, lotions, and creams, shall be dispensed from single-use containers. Skin products stored in multi-use containers shall be dispensed in a manner to prevent contamination.

B. Sponges used to rub the skin must be single use, and disposed of after each use. (Ord. 2020-0008 § 43, 2020.)

11.36.140 Operating Requirements.

A. No alcohol, cannabis or illegal drugs shall be permitted on premises. No alcoholic beverages, cannabis or drugs may be sold, served, used, consumed or possessed on business premises during business hours.

B. A person shall not enter, be or remain in any part of a Massage Establishment or premises licensed as such while in the possession of, consuming or using any alcoholic beverage or drugs. The owner, operator, manager, and every supervising employee shall not permit any such person to enter or remain upon such premises.

C. Massage Establishment owners or operators shall provide all employees with culturally and linguistically appropriate educational materials regarding employee rights, and information on a variety of resources, including linkages to health services, victim assistance services, and emergency numbers and hotlines to call for information and assistance.

D. Massage Establishment premises shall not be used as a sleeping room or for any other residential purpose.

E. A Massage Establishment owner shall notify the County Health Officer, or his or her designee, of any changes to the owner's address and/or phone number.

F. A Massage Establishment owner shall report to the County Health Officer, or his or her designee, any of the following within ninety-six (96) hours of the occurrence:

1. Arrests of any employees, independent contractors, or owners of the Massage Establishment for an offense other than a misdemeanor traffic offense;

2. Any event involving the Massage Establishment owner or a Massage Technician employed therein that constitutes a violation of this ordinance or State or federal law;

3. Any provision which requires reporting to the County Health Officer or his or her designee even if the Massage Establishment owner believes that the County Health Officer or his or her designee has or will receive the information from another source.

G. Massage, massage services, or massage therapy are not permitted in rooms, booths, or other areas with doors capable of being locked.

H. The exterior doors and the doors separating the waiting or reception area from the remainder of the establishment shall remain unlocked during business hours (including electric locking devices). This subdivision shall not apply to sole proprietorship Massage Establishments as defined in Section 8.04.1410.

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(Supp. No. 141)

I. A copy of the CAMTC certificate or valid Massage Technician license issued by the Treasurer and Tax Collector of each and every Massage Technician employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates or Massage Technician licenses of former employees and/or independent contractors shall be removed as soon as those Massage Technicians are no longer employed by or offering services through the massage business.

J. For each massage service provided, every massage business shall keep a complete and legible written or electronic record of the following information: (1) the date and hour that service was provided; (2) the service provided; (3) the name or initials of the employee entering the information; and (4) the name of the Massage Technician administering the service and the CAMTC certificate number, and business license identification number. Such records shall be open to inspection and copying by the Sheriff's Department, or other officials charged with enforcement of this Chapter. These records may not be used by any Massage Technician or operator for any purpose other than as records of service provided and may not be provided to other parties by the Massage Technician or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two (2) years and be immediately available for inspection during business hours.

K. Condoms are prohibited on or within the premises of a Massage Establishment.

L. All massages, massage services, and massage therapy must be performed at the Massage Establishment. (Ord. 2020-0008 § 43, 2020.)

11.36.150 Lighting and Ventilation.

Massage Establishments shall comply with the local building code for lighting and ventilation. (Ord. 2020-0008 § 43, 2020.)

11.36.160 Toilet Facilities, Dressing and Lockers.

A. A minimum of one (1) toilet and one (1) washbasin, shall be provided in every Massage Establishment as per local building code for patrons and employees. Hand wash sinks shall be provided with approved, sanitary drying method(s), which includes single-use paper towels, and soap placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

B. Adequate dressing rooms shall be provided for patrons. Dressing rooms will be used only by patrons of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage is being performed. If the massage takes place without disrobing of patrons, then separate dressing rooms are not required for each patron. A location for each patron served to safely store their valuables shall be provided such as a locker or other approved methods as approved by the County Health Officer or his or her designee.
(Ord. 2020-0008 § 43, 2020.)

11.36.170 Hand Wash Sink for Employees.

A minimum of one separate hand wash sink shall be provided in each Massage Establishment for the use of employees. The hand wash sink shall have hot (100°F) and cold running water at all times, and shall be located within or as close as practical to the area devoted to performing massage services. In addition, there shall be provided at each hand wash sink, liquid hand soap, single-use wall mounted disposable paper towels and soap placed in permanently installed dispensers.

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(Supp. No. 141)

(Ord. 2020-0008 § 43, 2020.)

11.36.180 Recording of Activities Prohibited.

No part of a Massage Establishment where massage, massage services or massage therapy are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers, except in the designated reception areas.
(Ord. 2020-0008 § 43, 2020.)
Part 4 INSPECTION OF MASSAGE ESTABLISHMENTS AND ENFORCEMENTS

11.36.190 Inspection by Officials.

Any County of Los Angeles officials, including but not limited to Los Angeles County Sheriff's Department or local law enforcement, County Health Officer, Director of Environmental Health, and Director of Regional Planning for the County of Los Angeles, or their designees, shall have the right to enter the premises from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes.
(Ord. 2020-0008 § 43, 2020.)

11.36.200 Abatement.

Any Massage Establishment operated or maintained in a manner contrary to the requirements of this Chapter or as deemed by the County Health Officer, is hereby declared to be unlawful and a public nuisance. (Ord. 2020-0008 § 43, 2020.)

11.36.210 Hearing Process.

A. Any Massage Establishment public health permit issued to a permittee may be suspended or revoked by the Department of Public Health for a violation of the requirements of Titles 7, 8, or 11, or State and local laws or regulations. Any Massage Establishment for which the public health permit has been suspended or revoked shall close and cease doing business and remain closed until the permit has been reinstated or reissued by the Department of Public Health.

B. Whenever the Department of Public Health finds that a Massage Establishment does not comply with the requirements of Titles 7, 8, or 11, or State and local laws or regulations, a report that contains a required compliance date shall be issued to the permittee. If the permittee fails to correct the violation by the compliance date, the Department of Public Health shall issue to the permittee a written notice setting forth the permit violations found by the Department of Public Health. The notice shall inform the permittee of a right to compliance review and if applicable, why the permittee's public health permit should be suspended or revoked. A permittee must make a written request to the Department of Public Health for a compliance review within ten (10) calendar days of service of the notice, or correct the violation. A failure to request a compliance review within ten (10) calendar days after service of the notice shall be deemed a waiver of the Created: 2025-04-18 14:22:21 [EST]
(Supp. No. 141)

right to a compliance review, and may subject the permittee's permit to immediate suspension by the Department of Public Health.

C. The compliance review shall be held within fifteen (15) calendar days of the Department of Public Health's receipt of the permittee's written request for a compliance review. Upon written request by the permittee, the compliance review officer may postpone any compliance review date, if circumstances warrant such action, or cancel the compliance review if the permittee's violations are corrected as verified by the Department of Public Health.

D. At the compliance review, the compliance review officer shall hear testimony, and read and consider documents submissions from the permittee and the Department of Public Health representatives.

E. The compliance review officer shall issue and serve a written decision to the permittee within fifteen (15) calendar days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue that were the basis of the suspension or revocation, the time period of the suspension of the permit, and the actions required for the correction of the continuing violations.

F. Failure to appear at the compliance review shall constitute an abandonment of the compliance review request.

G. Notwithstanding any other provision of this Chapter, if any immediate danger to the public health or safety is found or is reasonably suspected, unless the danger is immediately corrected, the Department of Public Health may immediately suspend the permittee's public health permit and order the Massage Establishment immediately closed, pending the determination of a compliance review. Immediate danger to the public health or safety shall include any condition, based upon inspection findings or other evidence that can cause or is reasonably suspected of causing, infection, illness or disease transmission, lewd conduct, human trafficking, or any known or reasonably suspected hazardous condition.

H. Whenever a public health permit is suspended as the result of an immediate danger to the public health or safety, the Department of Public Health shall issue to the permittee a notice setting forth the violations that have caused the immediate danger, specifying the Sections of this Chapter, or State or local laws or regulations, allegedly violated, and informing the permittee of the right to a compliance review and why the permittee's public health permit should be suspended.

I. The Department of Public Health may, after providing an opportunity for a compliance review, suspend or revoke a public health permit for serious or repeated violations of the requirements of the County Code, regulations, laws, statutes, or for interference in the performance of the inspection and investigation duties of the Department of Public Health.

J. A public health permit may be reinstated, or a new public health permit issued if the Department of Public Health determines that the conditions which prompted the suspension or revocation no longer exist. (Ord. 2020-0008 § 43, 2020.)

11.36.220 Suspension or Revocation of Massage Establishment Public Health Permit.

A. Any Massage Establishment public health permit issued under this Chapter may be suspended pending an Office Review when, in the opinion of the County Health Officer or his or her designee, the public health or safety requires such suspension. A written notice of such suspension shall be provided to the permit holder by hand delivery or registered mail.

B. A Massage Establishment public health permit may be revoked or suspended after an Office Review, if the County Health Officer or his or her designee finds:

Created: 2025-04-18 14:22:21 [EST]
(Supp. No. 141)

1. Facts sufficient to support denial of a Massage Establishment public health permit on any ground set forth in Section 8.04.1470.

2. The Massage Technician has violated the conduct requirements in Section 11.36.090.

3. There is good cause to suspend or revoke the public health permit in accordance with Chapter 8.04 - Public Health Licenses.

4. The Massage Technician has violated any of the provisions of this Chapter or a rule or regulation adopted by the County Health Officer or his or her designee related to the practice of massage.

5. The owner of the Massage Establishment must register under the provisions of Penal Code section 290 or register as a sex offender in any state of the United States.

6. The owner has been convicted of Penal Code sections 266h (pimping), 266i (pandering), 314 (indecent exposure, obscene exhibitions, and bawdy and other disorderly houses), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), or 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to Penal Code sections 11225—11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this State, would have been punishable as one or more referenced offenses in this subdivision.

7. The overflow or backup of toilets, sinks, floor sinks/drains resulting in the accumulation of sewage/wastewater on or within the premises.

8. The presence of a vermin infestation within the Massage Establishment.

9. The lack of available water or hot water (100°F) at all faucets within the facility.

10. The city or County business license has been revoked or suspended.

C. Whenever a public health permit has been revoked, the former permittee, whether a person, partnership, or corporation, shall not be granted a new public health permit for a period of one (1) year from the date of revocation.
(Ord. 2020-0008 § 43, 2020.)

11.36.230 Implementation.

The County Health Officer is responsible for administration of this Chapter which may include public education, public outreach, and promulgating guidelines and rules consistent with the provisions of this Chapter and the County Code.
(Ord. 2020-0008 § 43, 2020.)