Alameda Municipal Code § 6-46 Massage Establishments, Massage Technicians, and Massage Services

The purpose and intent of the City Council in enacting this section is that the public health, welfare, safety and interest require the licensing and regulation of the establishments, services and persons herein defined, by providing minimum building, health and sanitation standards for such establishments, and by providing minimum qualifications for persons performing such services.

(Ord. No. 1686 N.S.)

a. As used in this section:

Applicant shall mean any person who applies for a permit as required by this section.

Employee shall mean any person, other than a massage technician, who renders any service to the permittee, who receives compensation or any consideration directly or indirectly from the permittee, and who has no physical contact with permittee's customers or clients.

Health Officer shall mean the Health Officer of the County of Alameda or his authorized representative.

Massage shall mean any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body, for medical or hygienic purposes, with the hands or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, unguents or other similar preparations commonly used in this practice.

Massage establishment shall mean any establishment having a fixed place of business wherein a principal function is such that massage is given, engaged in or carried on, or permitted to be given, engaged in, or carried on. Any establishment engaged in or carrying on, or permitting any combination of massage and bath house shall be deemed a massage establishment.

Massage technician shall mean any person, including a trainee, and whether paid by fixed salary or who is an independent contractor who administers to another person, for any form of consideration, a bath, massage, manipulation of the body, electric vibration, magnetic stimulation, or similar procedure.

Massage technician trainee shall mean any person currently enrolled in a recognized school.

Outcall massage service shall mean any business, not licensed as a massage establishment under provisions of this section wherein a principal function is such that massage is given, engaged in, or carried on, or permitted to be given, engaged in, or carried on not at a fixed location but at a location designated by the permittee, massage technician, customer or client.

Person shall mean any individual, copartnership, firm, association, company, corporation, or combination of individuals of whatever form or character.

Recognized school shall mean any school or institution of Teaming which school or institution of learning has been approved pursuant to Section 29007.5 of the Education Code of the State of California, and which has for its purpose the teaching of a course consisting of seventy (70) hours or more of the theory, ethics and practice, methods, profession, or work of massage technicians, and which school or institution of learning requires a resident massage technician be furnished with a diploma or certificate of graduation from such school or institution of learning showing successful completion of such course of study already approved by the California State Department of Education.

Schools offering correspondence courses not requiring actual attendance at class, or courses of a massage technician not approved by the California State Department of Education shall not be deemed recognized schools.

b. The foregoing definitions shall not include hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate or entitlement to practice the healing arts under the laws of the State of California, or persons working under the direction and control of such persons or in any such establishments.

(Ord. No. 1861 N.S.)

a. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of a massage establishment or an outcall massage service as herein defined without first having obtained a permit duly issued in the manner set forth in Section 5-16 of this Code. For the purposes of these provisions, the Chief of Police shall be the Investigating Official of the City referred to in subsection 5-16.3, who shall make the required investigation and who may be the designate of the City Manager in conducting the hearing upon the application for permit hereunder.

b. If the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than ten (10%) percent of the stock of the corporation shall be set forth. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners shall be set forth.

c. The applicant shall furnish information from which the City can determine whether the massage technicians, trainees, or employees who work in, or will work in, applicant's massage establishment or engage in the outcall service are employed on a salary or other fixed compensation basis, or are employed as independent contractors whose compensation is based upon a percentage of the fee or money paid by the customer or client for a massage or bath. If such technician, trainee or employee is an independent contractor, applicant shall file with his application a copy of all written agreements wherein the terms of such status are set forth, and applicant shall furnish information showing the amounts of the fee or money paid, or to be paid, and the method of computation thereof, under such agreements.

d. In addition to the foregoing, any applicant for such a permit shall furnish the following information:

1. The two (2) previous addresses (if any) three (3) years immediately prior to the present address of applicant.

2. Written proof that the individual or partnership applicant is over the age of eighteen (18) years.

3. Individual or partnership applicant's height, weight, color of eyes and hair, and sex.

4. Two (2) portrait photographs at least two inches by two inches, (2" x 2").

5. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application.

6. The history of the applicant in operation of a massage establishment or similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another City or State under permit, has had such permit revoked or suspended and the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

7. All criminal convictions other than for misdemeanor traffic violations, and the reasons therefor.

8. The name and address of each massage technician who is or will be employed in said establishment.

9. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

10. Nothing herein contained shall be construed to deny to the investigation official the right to take the fingerprints and additional photographs of the applicant.

(Ord. No. 1861 N.S.)

a. All applications for a massage establishment or outcall massage service permit shall be accompanied by an investigation fee, no part of which shall be refundable. Upon receipt of said application, the City Clerk shall refer the application to the Building Department, the Fire Department, the Police Department, and the City Planning Department, each of which within a period of thirty (30) days from the date of application shall review records or make an inspection of the premises proposed to be devoted as a massage establishment and shall make a written recommendation to the City Manager concerning compliance with the respective requirements. The fee shall be set by City Council Resolution.

b. The City Clerk also shall, upon receipt of the application, cause a notice of intent to be posted on or affixed to the premises where such establishment or service is to be located. Such notice shall contain the applicant's name, the street address of such establishment or service, a statement that a message establishment or an outcall service is intended to be carried on at the premises, the date when the City Manager or his/her designee will conduct a hearing upon the application, and a notice that any person may submit at such hearing a written statement regarding the proposed establishment.

(Ord. No. 1861 N.S.; Ord. No. 2587 N.S. 3)

The City Manager shall schedule and conduct a hearing upon such application and issue such permit if upon investigation and the reports filed it is found:

a. That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building, zoning, and health regulations.

b. The applicant has not been convicted in a Court of competent jurisdiction of;

1. An offense involving lewd conduct; nor an offense involving the use of force and violence upon the person of another; or

2. A crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, 314, 315, 316, 318 or 647 (a) (b) or (d) of the Penal Code.

c. That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in the permit application or any other document required by the City in conjunction therewith.

Otherwise the permit shall be denied. In the event of denial, notifications and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or hand delivery.

(Ord. No. 1861 N.S.)

Upon application the City Manager shall be authorized to issue a temporary massage establishment permit to any applicant who is currently the owner or operator of such an establishment pending review and investigation of the application submitted herein. Such temporary permit shall remain in effect for a period of thirty (30) days or until issuance of the permit applied for, unless the permit has been denied for any of the reasons set forth in subsection 6-46.5, in which event the temporary permit shall be of no further force and effect.

(Ord. No. 1861 N.S.)

a. All premises used by permittees hereunder shall be subject to periodic inspection by the City for safety of the structure and the propriety of plumbing, ventilation, heating and sanitation. One (1) artificial white light of not less than forty (40) watts shall be provided and be lighted in each room where a massage is being administered. The walls shall be clean and painted with an approved washable mold resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Separate restrooms shall be provided for men and women.

b. Towels, sheets, linens of all types and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, clothes, and sheets shall not be used for more than one (1) person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for every person and then discarded into a sanitary receptacle.

c. Dressing and locker facilities shall be available for patrons. Security deposit facilities for the protection of the valuables of the patron shall also be available.

(Ord. No. 1861 N.S.)

No massage establishment or outcall massage service granted a permit under this section shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers, clients or patrons that any service is available other than those services described in subsection 6-46.2, the definitions of massage and outcall massage service, nor shall any such establishment or service indicate in the text of such advertising that any service is available other than those so described.

No service described in the definition of massage contained in subsection 6-46.2 hereinabove shall be carried on within any cubicle, room, booth, or any area within a massage establishment, which is fitted with a door or closure capable of being locked or secured to entry.

(Ord. No. 1861 N.S.)

Inspection officials of the City, including the Health Officer and Chief of Police, shall have the right to enter the premises during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing, or health regulations, and for the purpose of determining that the provisions of this section, and other provisions of law, are being complied with. In the event applicant for either a massage establishment permit or a massage technician's permit has a communicable or venereal disease, or if the applicant is in violation of any Federal, State, or local health law or regulation, the application may be denied. In the event a permit has been issued, it may be revoked or suspended in the manner hereinafter set forth in this section.

(Ord. No. 1861 N.S.)

No massage establishment permit shall be transferable except with the written approval of the City Manager. An application for such a transfer shall be in writing and shall be accompanied by a filing and investigation fee of fifty ($50.00) dollars, no part of which shall be refundable. The application for such transfer shall contain the same information as required herein for an initial application for such a permit. In the event of denial, notifications and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or hand delivery.

(Ord. No. 1861 N.S.)

a. It shall be unlawful for any person to practice massage as a principal, an employee, or otherwise within the City, unless such person has been issued a massage technician permit by the City Manager and such permit remains in effect in conformity with the provisions of this section and with Section 5-16 of this Code.

b. The application shall be upon a form provided by the City Clerk and shall set forth the following information.

1. The applicant's full name, residential address, and residence telephone number.

2. The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same.

3. The names and addresses of any and all previous establishments where applicant has been employed as a massage technician.

4. The criminal record, if any, other than misdemeanor traffic violations, of the applicant.

5. Whether any permit to engage in the practice of massage as a massage technician or otherwise has previously been denied applicant or revoked and, if so, the circumstances of such denial or revocation.

6. The furnishing of a portrait photograph at least two inches by two inches (2" x 2"), together with a complete set of such person's fingerprints which shall be taken by the Chief of Police or his agent.

7. Written proof that applicant is over the age of eighteen (18) years.

8. A certificate from a medical doctor stating that the applicant has, within thirty (30) days immediately prior to filing his application herein, been examined and found to be free from any contagious and communicable disease or venereal disease.

9. Applicant shall also furnish a diploma or certificate of graduation from a recognized school wherein the method, profession, and work of massage techniques are taught.

(Ord. No. 1861 N.S.)

All applications for a massage technician permit shall be accompanied by an investigation fee, no part of which shall be refundable. Upon receipt of application, the City Clerk shall refer the application to the Police Department which, within a period of thirty (30) days from the date of application shall make investigation and submit a written recommendation thereon to the City Manager concerning compliance with the respective requirements. The fee shall be set by City Council Resolution.

(Ord. No. 1861 N.S.; Ord. No. 2587 N.S. 4)

The City Manager shall issue such permit if upon investigation and the report filed it is found:

a. The applicant has not been convicted in a Court of competent jurisdiction, of;

1. An offense involving lewd conduct, or an offense involving the use of force and violence upon the person of another;

2. Has not been convicted of any crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, 314, 315, 316, 318, or 647(a) (b) or (d) of the Penal Code.

b. That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in the permit application or in any other document required by the City in conjunction therewith.

Otherwise the permit shall be denied. In the event of denial, notifications and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or hand delivery.

(Ord. No. 1861 N.S.)

a. Any person currently enrolled in a recognized school may apply for a temporary permit as a massage technician trainee. In addition to the payment of the investigation fee required by subsection 6-46.12 and the information required by subsection 6-46.11, applicant shall submit a letter signed by the Director or Administrator of applicant's recognized school showing the date the applicant was officially enrolled and the estimated date the applicant will graduate.

b. Applicant shall also submit a letter signed by the owner or operator of a massage establishment, stating his willingness to employ the applicant to do massage as a massage technician trainee, working under his direct supervision and control, during the time the applicant is completing the course of study as a massage technician.

c. The massage trainee permit shall expire ninety (90) days from the date issued and is not renewable, except in the case of sickness or accident for which reason the education was delayed. Applicant is expected to complete his massage technician course of study during the ninety (90) day period the permit is valid. The trainee must, at all times, comply with all laws and ordinances in effect and the failure to comply may render the applicant ineligible to obtain a massage technician's permit. Upon presentation of a copy of his diploma or certificate of graduation from a recognized school the trainee will be issued the regular massage technician permit.

(Ord. No. 1861 N.S.)

All persons engaged in doing massage in the City at the time these regulations become effective who cannot qualify for a massage technician permit shall have a period of thirty (30) days within which to qualify as a massage technician trainee and obtain a massage technician trainee permit by making application therefor, paying the investigation fee, and submitting information required under the provisions of subsection 6-46.14.

(Ord. No. 1861 N.S.)

a. The owner or operator shall display the massage establishment permit issued and the permit of each and every massage technician or massage technician trainee employed in the establishment in an open and conspicuous place on the premises.

b. Massage technicians shall wear an identification name plate which shall contain a photograph of the technician, given and surname of the technician, and assigned permit number, which plate must be worn on the front of the outermost garment at all times during the hours of operation of any massage establishment or outcall massage service granted a permit pursuant to this section.

c. The operator of a massage establishment or an outcall massage service must maintain a register, or written listing, of all persons employed by him, whether as independent contractors or otherwise, as massage technicians, trainees and employees, and their permit numbers. Such register shall be available for inspection at all times during regular business hours.

(Ord. No. 1861 N.S.)

Every massage establishment owner or operator shall report immediately to the City Manager any and all changes of address or ownership of the massage establishment, and any changes or transfers of massage technicians or massage technician trainees employed in the business or practice.

(Ord. No. 1861 N.S.)

Any massage establishment or massage technician's permit issued under this section shall be subject to suspension or revocation by the City Manager in the manner provided by Section 5-16 of this Code for violation of any provision of this section or for any grounds that would warrant the denial of the issuance of such permit(s) in the first instance.

Prior to the suspension or revocation of any permit(s) issued under this section, the permittee shall be entitled to a hearing held before the City Manager or a hearing officer in the manner provided by subsection 5-16.7 of this Code, at which time evidence will be received for the purpose of determining whether or not such permit(s) shall be suspended or revoked or whether the permit may be retained. In the event the permit(s) is suspended or revoked, the notification and reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of registered or certified mail or hand delivery.

(Ord. No. 1861 N.S.)

Appeals to the City Council from any denial, suspension or revocation by the City Manager or any City department hereunder, shall be in the manner and within the time set forth in subsection 5-16.8 of this Code.

In addition to the remedies herein, or in this Code, provided, the operation of a massage establishment or of an outcall massage service in violation of this section shall be deemed a public nuisance and may be enjoined.

(Ord. No. 1861 N.S.)

Any person who violates, or causes another to violate, any of the provisions of this section is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Section 1-5 of this Code.

(Ord. No. 1861 N.S.)