9662.2 - CAMTC certification required.

A.

No person shall perform massage for compensation of any kind, or otherwise act as a massage therapist in the city, including a therapist providing massage at a massage establishment or performing outcall massage, unless such person possesses a current, valid massage therapist or massage practitioner certification issued by the CAMTC, and provides massage services consistent with the requirements of the California Business and Professions Code. All certified massage practitioners and massage therapists shall annually file a copy of their CAMTC certification with the director.

B.

In addition to the requirement set forth in subsection A., no person shall own or operate a massage establishment within the city unless all persons providing massage at or on behalf of the massage establishment have a current and valid CAMTC certificate.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.3 - Massage establishment permit required.

A.

No person shall own or operate a massage establishment within the city without first obtaining a massage establishment permit (MEP) for the establishment, in accordance with the requirements of this division. A separate MEP shall be obtained for each establishment owned or operated by such person. Each person having any percentage of ownership interest in a massage establishment for which a MEP is applied for must comply with the requirements of this section. A MEP shall only be issued if the massage establishment complies with all requirements of this section and the Code, and the owner obtains and maintains a current and valid city business license. No MEP shall be issued at the same business address that was subject to a prior revocation or suspension within the previous two (2) years.

B.

A massage establishment owner shall obtain and continue to maintain a current and valid MEP for each massage establishment under his or her ownership in the city. A MEP is valid for a period of twelve (12) months, unless revoked or suspended, and shall be renewed annually prior to the expiration of the permit, or the permit will expire and a new permit shall be required.

C.

Each MEP application and renewal shall include the following:

A complete and accurate application on a form prescribed by the director and signed by the applicant. If the applicant does not own the property upon which the massage establishment is located, then the applicant shall provide written acknowledgement signed by the owner of the property indicating the owner is aware that the applicant intends to operate a massage establishment on the owner's property.

2.

A complete list of all services to be made available at the massage establishment.

3.

Clearly legible copies of the current and valid CAMTC certificate and identification card containing a recent photograph of each massage therapist who will provide massage service, including independent contractors, at the massage establishment.

4.

A list of all current employees and independent contractors performing massage, including each such person's telephone number, date of employment, and their duties, which shall match the register of employees identified in subsection 9662.6.I., except as required by this division.

5.

A statement signed by the massage establishment owner stating, under penalty of perjury under the laws of the State of California, that all information in the application is true and correct.

6.

The director may require additional information if necessary to determine whether the applicant satisfies all requirements of this division.

D.

Each MEP and MEP renewal shall be subject to the conditions outlined in sections 9662.6 and 9662.7 below, and the following requirements:

1.

No changes in services offered by the massage establishment shall be made without submitting the changes in writing and a revised schedule of services offered to the director within ten (10) business days of the change.

2.

If, during the term of an MEP, the permittee has any change in information provided on or concerning the original application or MEP renewal application, notification shall be made to the director in writing within ten (10) business days of the change.

If a massage therapist's CAMTC certification is suspended or revoked, the massage establishment shall not allow that person to provide massage services, including outcall massages, at, through, or in connection with the massage establishment.

4.

The massage establishment shall notify the director immediately upon the establishment's receipt of notice of any disciplinary action taken by the CAMTC regarding any of the establishment's massage therapists, and shall submit a copy of such notice to the director.

5.

Any act or omission of anyone providing massage or performing any other service at the massage establishment's location, whether as an employee or an independent contractor, which constitutes a violation of this division or grounds for revocation of a MEP, shall also be deemed to be an act or omission of the permittee, the massage establishment, and/or all of its owner(s).

6.

Each massage establishment shall be operated at all times in compliance with all federal, state and local laws, and the requirements of this division.

E.

Grounds for suspension or revocation. The director may suspend or revoke a MEP based on substantial evidence that any of the following has occurred:

1.

The permittee has made any false, misleading or fraudulent statement of material fact in any application, report or record filed with the city.

2.

The permittee, or an employee, independent contractor, owner, agent, partner, director, stockholder, or manager of the massage establishment business has failed to comply with any of the requirements or conditions of this division; has allowed or permitted, with or without personal knowledge, the occurrence of criminal activity on the premises of the massage establishment business; has committed a misdemeanor, felony or any violation of this division in the conduct of the massage establishment business; or has failed to abide by any disciplinary action previously imposed by the city in connection with the provision of massage.

3.

An individual who is not a certified massage therapist or practitioner, or whose CAMTC certification is suspended or revoked, has provided massage at the massage establishment while such suspension or revocation is in effect.

One (1) or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or any successor provisions thereto, have taken place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether they occurred with or without the actual knowledge of the permittee.

5.

The permittee has been subject to a permanent injunction against conducting or maintaining a nuisance pursuant to the Code or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.

6.

The permittee or anyone acting on behalf of the permittee has refused to permit inspection by the city to verify compliance with all requirements of the MEP and/or this division.

F.

Upon determining that grounds for MEP suspension or revocation exist, the director shall provide written notice of the suspension or revocation to the permittee. The notice shall be mailed, postage prepaid, and addressed to the last known address of the permittee, or shall be personally delivered to the permittee, and shall include reasons for the suspension or revocation.

G.

Any aggrieved person may appeal the decision of the director approving, denying, revoking or suspending a MEP to the planning commission pursuant to section 9804.5 of the Code.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.4 - Business license required.

A.

A separate city business license shall be obtained, pursuant to chapter 8 of title VI of the Code, for each separate massage establishment owned or operated by the same person.

B.

No person shall provide outcall massage services within the city without first obtaining a city business license pursuant to chapter 8 of title VI of the Code.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.5 - Exceptions.

A.

Except as provided in subsection B., or as otherwise provided by law, the requirements of this division do not apply to the following classes of individuals while they are engaged in the performance of their respective professions in connection with and on the premises of a business licensed to provide such professional services:

1.

Physicians, chiropractors, osteopaths, podiatrists, physical therapists, registered nurses or vocational nurses duly licensed to practice their respective profession in the State of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses.

2.

Other healthcare personnel, including acupuncturists, engaged in the healing arts that are regulated and licensed by the State of California pursuant to Division 2 of the California Business and Professions Code.

3.

Barbers or cosmetologists, including estheticians, electrologists, and manicurists carrying out their particular occupation or business, who are duly licensed by the State of California, including trainees and interns under supervision of such a licensee, provided that nothing in this subsection shall authorize such individuals to provide massage services beyond the scope of the individual's license or certificate, and such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons. Nothing in this subsection shall exempt any establishment from the CAMTC certification requirements provided in this chapter if massage services are provided by anyone other than a person made exempt pursuant to this subsection A.3., and who is acting within the scope of his or her license.

4.

State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees.

5.

Athletic trainers certified by the State of California performing training services at professional, amateur or school athletic events or facilities, so long as such persons do not practice massage therapy as their primary occupation.

6.

Registered schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor.

B.

Any individual who is not exempt from the requirements of this division and who is employed by any person or persons duly exempted under subsection A. of this section and administers massage services within the

scope of his or her employment may not provide massage services without a massage therapist or massage practitioner certification from the CAMTC.

(Ord. No. 16-422, § 4, 4-27-2016)