Arcadia Municipal Code Div. 8 Massage Therapist Regulations

Footnotes:

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(Division 8 added by Ord. 2163 adopted 11-5-02; amended in its entirety by Ord. 2175 adopted 5-6-03; amended in its entirety by Ord. 2215 adopted 5-20-06; amended by Ord. 2235 adopted 1-15-08; amended in its entirety by Ord. 2260 adopted 8-19-09)

The City of Arcadia is authorized, by virtue of the State Constitution and Section 51031 of the Government Code, to regulate massage therapists by conditioning the issuance of a license to engage in the business of massage on reasonable standards relative to their skill and experience, and to regulate owners and operators of massage therapy businesses to ensure the safety of clients receiving massage therapy.

While the City Council recognizes that section 4612 of the Business and Professions Code and section 51034 of the Government Code gives those individuals who are certified pursuant to chapter 10.5 of the Business and Professions Code the right to practice massage, those sections also gives the City the right to adopt reasonable business licensing and health and safety requirements for massage establishments and businesses, including requiring a conditional use permit (CUP) to operate.

The City Council finds and determines that the standards contained in this division pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists.

The City Council further finds that the public health and safety are best served by the adoption of an ordinance providing for regulation of massage therapy business activities in a manner that is consistent throughout the City of Arcadia, and that is consistent with State law (including, but not limited to chapter 10.5 of the Business and Professions Code - Sections 4600 et seq.).

The establishment of reasonable standards for issuance of a license and restrictions on massage therapy business activities would serve to reduce the risk of illegal activities.

There is a significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this Division provides reasonable safeguards against injury and economic loss.

(Ord. No. 2326, § 2, 4-21-15)

"Acupressure" shall mean the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied in order to prevent or modify perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.

"Acupuncture" means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion.

"Acupuncturist" means an individual to whom a license has been issued to practice acupuncture pursuant to chapter 12 of the Business and Professions Code, which is in effect and is not suspended or revoked.

"Applicant" means the individual seeking a business license pursuant to this Division.

"Certified copy" shall mean a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

"Chief of Police" means the Chief of Police of the City of Arcadia, or his or her designated representative.

"City of Arcadia Massage Verification Card" shall mean the no fee business license issued by the City of Arcadia after receiving a certified copy of a Massage Certificate which verifies the massage therapist's ability to practice massage in the City of Arcadia.

"City regulatory officials" shall mean the City's Licensing Authority, Building and Planning Services, Code Services Officers, Fire Department and the Police Department.

"Employ" shall include, without limitation, contracting with independent contractors as well as hiring or employing persons.

"Employee" shall include, without limitation, independent contractors and persons hired or employed by an operator or owner of a massage therapy business.

"Health Department" means the County of Los Angeles Department of Health Services.

"Licensing Authority" shall mean the Business License Officer or the designated official responsible for issuing, revoking and otherwise administering the provisions of this Division.

"Massage" or "massage therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

"Massage Business License" or "Business License" or "License" shall mean the City of Arcadia business license required to be applied for and obtained by anyone wishing to own or operate a massage therapy business.

"Massage Certificate" shall mean a certificate issued pursuant to Sections 4600 et seq. of the Business and Professions Code.

"Massage therapist" shall mean any person who, for any consideration whatsoever, performs or offers to perform a massage in a massage therapy business.

"Massage therapy business" shall mean both massage establishments or businesses that are sole proprietorships, where the sole proprietor has a Massage Certificate and massage establishments or businesses that employ or use only persons that have either a Massage Certificate to provide massage services.

"Massage Therapist Identification Card" shall mean a certain card issued by the City of Arcadia, pursuant to Municipal Code provisions no longer in effect, which allows the holder of the card to practice massage in the City.

"Minor" means any individual under the age of eighteen (18) years.

"Nudity" or "semi-nudity" shall mean any of the following:

(A) The appearance or display of an anus, male or female genital, pubic region or a female breast; or

(B) A state of undress which less than completely covers an anus, male or female genital, pubic region or a female breast.

"Operator" or "owner" means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. Whenever the term owner or operator is used in this Division, it shall be deemed to include, without limitation, the manager of any massage therapy business.

"Patron" shall mean any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

"Specified anatomical area" shall mean human genitals, pubic region or a female breast.

(Amended by Ord. 2275 adopted 7-6-10)

(Ord. No. 2326, § 2, 4-21-15)

This Division shall also apply to the administration of acupressure, except as administered by licensed acupuncturists.

(Ord. No. 2326, § 2, 4-21-15)

• ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES - CONDITIONAL USE PERMIT REQUIRED.

No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage therapy business within a structure, unless the structure is located in a zone where such use is permitted and a conditional use permit has been obtained pursuant to Division 5 of Part 7 of Chapter 2 of Article IX of this Code (commencing with Section 9275.1). All such established businesses shall comply with all building and zoning regulations, the regulations of this Division including licensing and permitting requirements, and all other applicable requirements of law.

(Ord. No. 2326, § 2, 4-21-15)

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, changed the title of § 6418.3 from "Permissible Massage Therapy Business Activities" to read as set out.

On or after January 1, 2016, it shall be unlawful for any person to engage in massage therapy within the City (whether having a fixed or mobile place of business within the City (e.g.: "out-call", "in-home" or "in-office" services)), without having a valid Massage Certificate. To ensure compliance with this Code section, all massage therapists must file a certified copy of their Massage Certificate with the City of Arcadia Development Services Department - Business License Division. After successfully filing his or her Massage Certificate, all massage therapists will be issued a City of Arcadia Massage Verification Card. The City shall charge no fee for review of a Massage Certificate or issuance of a Massage Verification Card.

Notwithstanding the above, any person engaging in massage therapy under a valid Massage Therapist Identification Card may continue to do so until January 1, 2016 and, prior to that date, a Massage Therapist Identification Card shall be deemed equivalent to a Massage Certificate for purposes of compliance with this Division. All Massage Therapist Identification Cards shall expire on January 1, 2016. Commencing on the effective date of this Division, no further Massage Therapist Identification Cards will be issued or renewed.

Any Massage Therapist Identification Card remaining in effect may be suspended or revoked for violations of this Division, this Code or State law, pursuant to the procedures contained in Section 6216.7 of this Code (Suspension/Revocation of Business Licenses).

(Ord. No. 2326, § 2, 4-21-15)

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, changed the title of § 6418.4 from "Certification or Identification Required to Conduct Massage Therapy" to read as set out.

Any person owning or operating a business that provides massage therapy shall apply for and obtain from the City a Massage Business License. Obtaining the required business license includes obtaining approval from the Department of Development Services, Planning Services, confirming that the proposed business location is in compliance with applicable zoning, building and other codes or laws. The applicant shall file a written application on the required form provided by the Development Services Department.

The following information, documents and other requirements shall be included with the submission of such application:

(A) The information required from all business license applicants, pursuant to Sections 6211 - 6211.5 of this Code.

(B) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct,

(C) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; and (c) understands the duties of owners/operators of businesses that provide massage therapy as provided in this Division,

(D) Applicant's valid Massage Certificate or valid City of Arcadia Massage Verification Card, if applicant plans to practice massage therapy, and

(E) Proof that the applicant has obtained a conditional use permit from the City and is otherwise in compliance with the City's zoning code.

All applicants shall pay a nonrefundable business licensing processing fee sufficient to cover the costs of business licensing activities, in the amount established by resolution of the City Council, pursuant to Section 6211.2.1.1 of this Code.

(Ord. No. 2326, § 2, 4-21-15)

• DENIAL, SUSPENSION AND REVOCATION OF MASSAGE THERAPY BUSINESS LICENSE; APPEAL PROCEDURE AND REINSTATEMENT.

A Massage Business License may be denied for the same reasons and on the same grounds as any other business license in the City, pursuant to Section 6216.6 of this Code.

A Massage Business License may be suspended or revoked by the City for the same reasons and on the same grounds as any other business license in the City, pursuant to Section 6216.7 of this Code.

The appeal of a denial, suspension or revocation of a Massage Business License shall be governed by the procedures set forth in Section 6216.8 of this Code.

The reinstatement of a Massage Business License shall be governed by the procedures set forth in Section 6216.11 of this Code.

(Ord. No. 2326, § 2, 4-21-15)

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.7 which pertained to Number of Licenses Permitted. This section bore no history note.

No massage therapist shall administer a massage in any established business between the hours of 9:00 p.m. and 7:00 a.m. A massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. All customers, patrons and visitors shall be excluded from the massage therapy business during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place within the established business.

The operator must notify the City of any change in hours, of which the City has received any prior notification, not later than seven (7) calendar days prior to said change.

(Ord. No. 2326, § 2, 4-21-15)

All massage therapy business owners and/or operators shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Division shall be deemed the act or omission of the business owner for purposes of determining whether the owner's license shall be revoked, suspended, denied or renewed.

No business owner and/or operator shall employ any person, or allow any person, to conduct a massage or act as an independent contractor conducting massage who does not have a valid Massage Certificate and City of Arcadia Massage Verification Card. In order to ensure compliance with these Code provisions, no massage therapy business owner shall employ any person who has not shown them their valid Massage Certificate and City of Arcadia Massage Verification Card.

(Ord. No. 2326, § 2, 4-21-15)

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.10 which pertained to Massage Therapist Identification Card Required if no Massage Certificate. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.11 which pertained to Processing the Application. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.12 which pertained to Issuance of Identification Card. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.13 which pertained to Disapproval of Massage Therapist Identification Card. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.14 which pertained to Renewal of Massage Therapist Identification Card. This section bore no history note.

Owners and/or operators of businesses that provide massage therapy shall annually apply for renewal of their Massage Business License. The owner and/or operator applicant shall pay a nonrefundable application renewal fee at the time of filing a renewal application in the amount established by resolution of the City Council. The owner of a business that provides massage therapy shall maintain a current business license. Any owner and/or operator who currently possesses a business license allowing them to operate a massage therapy business must, upon time for the renewal of their license, apply for a Massage Business License, supplying the information as required in Section 6418.5 of this Division.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.16 which pertained to Transfer of License. This section bore no history note.

If, during the term of a Massage Therapy Business License, a massage therapist or an owner and/or operator has any change of information submitted on the original application or license renewal application, the massage therapist shall notify the Business License Officer of such change in writing within ten (10) business days thereafter.

(Ord. No. 2326, § 2, 4-21-15)

The massage therapist is required to notify the Business License Office by written notice, filed within fifteen (15) business days after the last date of the performance or offering of massage therapy services, if he or she no longer performs or offers massage therapy services in the City of Arcadia.

(A) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to expose or touch the genitals or anal area, or the breast of any female, whether his or her own, or those of another person.

(B) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to engage in any sexual activities.

(C) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to be in a state of nudity or semi-nudity.

(D) No massage therapist shall provide or offer to provide any massage therapy services to a minor unless the minor's parent or legal guardian provides written permission.

(E) No person shall enter, be in, or remain in, any area where massage therapy services are offered or performed while in the possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. Service of alcoholic beverages shall not be permitted at any established business where massage therapy services are being performed.

(F) Patrons shall not be prohibited from the use of, or possession of, cellular phones, pagers or any communication devices while massage therapy services are being offered or performed.

(G) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to wear or have in their possession such items as nightgowns, negligees, bathrobes, sexually oriented merchandise or condoms. Every business owner and/or operator shall assure that such items are not being kept, possessed, stored or used on the business premises.

(H) No electrical, mechanical or artificial device shall be used for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in any massage room.

(I) No person shall use or possess any sexually oriented merchandise in or on any part of a massage establishment. For purposes of this subsection, "sexually oriented merchandise" shall mean sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similarly sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

(J) Except as provided herein, a massage therapy business may not lock any of its doors through which the public enters from an outside location during business hours. This prohibition shall not apply to a massage therapy business that is owned by one individual with one or no employees or independent contractors. No massage therapy business may lock any of its internal doors leading to a room in which massage is performed.

(Ord. No. 2326, § 2, 4-21-15)

(A) Identification Cards. Each massage therapist shall at all times while on the massage therapy business premises have in his or her possession their Massage Certificate, a valid photo identification, and their City of Arcadia Massage Verification Card. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times while on the massage therapy business premises have in his or her possession a copy of the Business License required by this Division and a valid photo identification. Such card, license and identification shall be provided to City regulatory officials upon demand.

(B) Display of License. Each owner or operator of a massage therapy business shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed.

(C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times in compliance with the clothing standards set forth in section 4609(a)(10) of the Business and Professions Code.

(D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage.

(E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the genital, anal and female breast area. Reuse is prohibited unless the covering is adequately cleaned.

(F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen.

(G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi-nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division.

(H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations.

(I) Inspections and Searches. The business owner/operator, and massage therapist, as a condition to the issuance of either each Business License or each Massage Therapist Identification Card, shall be deemed to consent to the reasonable inspection of the business premises during regular business hours by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met.

(J) Lighting. The lighting in each massage room shall be at least one (1) sixty-watt white light bulb and shall be activated at full wattage at all times (no dimming) while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source.

(K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia.

(L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia.

(M) Separate Sexes and Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms (except in the case of consensual "couples massage" whereby not more than two individuals may be treated simultaneously in the same room by two massage therapists), separate dressing rooms and separate toilet facilities for each patron. Nothing in this Division shall prevent a massage therapist of one sex from providing massage to a patron of the other sex.

(N) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable.

(O) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18"). Two-inch (2") thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, table showers and waterbeds are not permitted on the business premises.

(P) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted.

(Q) Wall/Window Requirements. The City may not require a massage therapy business to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a client's reasonable expectation of privacy.

(R) Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following their termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times.

(S) Reserved.

(T) Living and food prohibited. No person or persons shall be allowed to live inside the massage therapy business at any time. All living quarters shall be separate from the massage therapy business. No food of any kind shall be prepared for sale or sold in the business premises.

(U) Preemption. In the event the terms and conditions of any current, valid Massage Certificate, or any applicable regulation adopted by a state agency, conflict with or supersede the requirements of this section, a massage therapist or massage therapy business shall not be subject to the requirements of this section to the extent of any such conflict or inconsistency.

(Ord. No. 2326, § 2, 4-21-15)

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.21, which pertained to Suspension and Revocation of Massage Therapist Identification Card and Business License. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.22, which pertained to Return of License Certificate and Identification Card. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.23, which pertained to Appeals. This section bore no history note.

Editor's note— Ord. No. 2326, § 2, adopted Apr. 21, 2015, deleted § 6418.24, which pertained to Reapplication After Revocation. This section bore no history note.

The provisions of this Division, with the exception of those provisions relating to massage therapy business ownership, shall not apply to any of the following:

(A) State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurses working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath;

(B) Barbers, beauticians, manicurists and pedicurists who are duly licensed under the laws of the State of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the client for cosmetic or beautifying purposes;

(C) Athletic trainers certified by the State of California performing training services for professionals, amateur or school athletic events or practices; and

(D) Duly licensed businesses and government agencies only with respect to on-site massage therapy services which are offered and provided at the expense of the business or government agency, or at the expense of their employees, exclusively to their respective employees, and not to the general public, solely as a benefit of employment. Massage therapy provided hereunder must be provided by a person who (1) is a massage therapist, as defined in this Division, who maintains a valid Massage Certificate, or (2) qualifies for an exemption pursuant to Subsections (A), (B) or (C) of this Section.

(Ord. No. 2326, § 2, 4-21-15)