Atwater Municipal Code Ch. 5.40 Massage Therapy

The purpose and intent of the City Council in enacting this chapter to provide for orderly regulation of message therapists and message therapist trainees as defined in this chapter in the interest of public health, safety, and welfare by providing certain minimum qualifications for persons performing such services.

(Ord. CS 767, 2-22-1999)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Approved massage school" means a school approved by the California Massage Therapy Council that meets minimum standards for training and curriculum in massage and related subjects, that meets any of the following requirements, and that has not been otherwise unapproved by the council:

1. Is approved by the Bureau for Private Postsecondary Education.

2. Is approved by the Department of Consumer Affairs.

3. Is an institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:

a. A public institution.

b. An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, and that is not managed by any entity for profit.

c. A for-profit institution.

d. An institution that does not meet all of the criteria in subparagraph (b) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit.

4. Is a college or university of the state higher education system, as defined in Section 100850 of the Education Code.

5. Is a school requiring equal or greater training than what is required pursuant to this chapter and is recognized by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education.

B. "California Massage Therapy Council" or "CMTC" means the organization formed pursuant to Business and Professions Code section 4602, as currently drafted or as may be amended.

C. "CMTC certificate" means a valid certificate issued by the CMTC to a massage therapist pursuant to Business and Professions Code section 4600 et seq., as currently drafted or as may be amended.

D. "Health Officer" means that person designated by the City as health officer or said officer's authorized representative.

E. "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of another human body with the use of the hands, arms, or other portion of the body, 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 or other similar preparations commonly used in this practice.

F. "Massage establishment" means any licensed establishment having a fixed place of business where any person, firm, association, partnership, joint venture or corporation engages in or carries on or permits to be engaged in or carried on for consideration, massages, or health treatments involving massage shall be deemed a massage establishment.

G. "Massage therapist or massage therapist trainee" as used in this chapter, shall mean any person who was granted a permit pursuant to this chapter and administers massage, baths, or health treatments involving massages or baths as the principle functions to another person for any compensation whatsoever, and meeting the certain requirements established by this chapter.

H. "Permit" as used in this chapter, shall mean a permit to engage in activities as a message therapist or massage therapist trainee as required by this chapter.

I. "Person" means any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 2, 9-11-2017)

Any application for a massage therapist permit shall be accompanied by a non-refundable fee of $100.00. A massage therapist permit shall be renewed every five years and a renewal fee of $100.00 shall be paid. The application fee shall be used to defray the cost of investigation and report and is not made in lieu of any other fees or taxes required by the City of Atwater Municipal Code.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 2, 9-11-2017)

A massage therapist permit shall be issued to a person who has a valid CMTC certificate, or has completed one of the following:

A. Five hundred hours of instruction in a massage specialty and therapeutic approach at an approved massage school;

B. Two hundred fifty hours of instruction from an approved massage school and an additional 500 documented hours of practical experience in a massage specialty or therapeutic approach in one or a combination of the following: (a) a primary office of and under the direct supervision of a medical professional licensed by the State of California; specifically, a physician, surgeon, chiropractor, osteopath, physical therapist, or nurse while such medical professional is performing activities encompassed by such license and is physically on the premises where the massage therapy is being administered; (b) continuing education classes or seminars in the field of massage therapy offered by an approved massage school; and (c) as a permitted massage therapist trainee working under direct supervision of a permitted massage therapist;

C. Has passed an independently prepared and administered national certification exam which has been recognized by objectives standards to fairly evaluate professional level, skill, safety, and competence as determined by the National Commission for Certifying Agencies (NCCA).

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 2, 9-11-2017)

Applications for a massage therapist permit shall be submitted to the City Planning Department. Every applicant shall furnish the following information:

A. Type of permit applied for;

B. Name, resident address, telephone number, social security number, and driver's license number;

C. Written evidence that the applicant is at least 18 years of age;

D. The applicant's weight, height, color or eyes and hair;

E. Two portrait photographs of the applicant at least two inches by two inches;

F. Business occupation, or employment of the applicant for the three years preceding the date of the application;

G. The business license or permit history of the applicant: whether such applicant has ever had any license or permit by any agency, board, city, county, or state revoked or suspended, and the reason therefor;

H. Name and address of the establishment where the applicant is to be employed and the name of the owner and/or operator of the same. A massage therapist granted a permit pursuant to this section must report a change in massage establishment employment within five business days of said change;

I. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement;

J. A copy of the valid CMTC certificate, if applicable;

K. If the applicant does not possess a valid CMTC certificate, he or she must provide:

1. the name and address of an approved massage school attended, date attended, and a copy of the diploma or certificate of graduation awarded the applicant, showing completion of not fewer than 500 hours of instruction or written and verified proof that the applicant has at least 500 hours experience in professional work and method of massage as of the effective date of the massage therapist permit;

2. Whether the applicant has ever been convicted of any of the following:

a. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code or Health and Safety Code section 11590,

b. An offense involving the use of force and violence upon the person of another that amounts to a felony,

c. An offense involving sexual misconduct with children,

d. An offense involving theft, embezzlement or moral turpitude,

e. An offense as defined in California Penal Code Sections 182, 243.4, 261, 266, 266a, 266b, 266d, 266e, 266f, 266g , 266h, 266i, 267, 288, 311, 314, 315, 316, 318, 647, 647a, 647b, 647d, or647h,

f. A felony offense involving the possession for sale, sale, transportation, furnishing or giving away of controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive,

g. Conspiracy to violate any of the aforesaid mentioned sections of the California Penal Code of Health and Safety Code, or

h. The commission of the equivalent of any of the aforesaid crimes in a jurisdiction outside the State.

3. The Chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification, conducting a criminal background check, or both;

4. The chief of police shall have a reasonable time, not to exceed 30 business days, in which to investigate the application and background of the applicant, including contacting the CMTC to confirm validity of a CMTC certificate and applicant's status. Upon expiration of the 30 business days the applicant shall be awarded the permit or given, in writing, the reason(s) for denial of the massage therapist permit.

L. Such other identification, information, or inspection of massage establishment, as may be required in order to discover the truth of the matter required by this section to be set forth in the application.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 2, 9-11-2017)

Any application for a message therapist trainee permit shall be accompanied by a non-refundable fee of $100.00. A massage therapist trainee permit shall be valid for one year and shall be renewable one time. If renewal is requested, a renewal fee of $100.00 shall be paid. The application fee shall be used to defray the cost of investigation and report and is not made in lieu of any other fees or taxes required by the City of Atwater Municipal Code.

(Ord. CS 767, 2-22-1999)

A massage therapist trainee permit may be issued to a person who is currently enrolled at an approved massage school for instruction in the massage specialty and therapeutic approach and who has completed at least 100 hours of instruction.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 3, 9-11-2017)

Any person desiring a permit to act as a massage therapist trainee shall submit an application to the City Planning Department. Within 30 business days following the receipt of a completed application, the applicant will either be awarded the permit or sent written notice of the reasons for denial thereof by certified mail. A massage therapist trainee permit shall be issued to any person who:

A. Has fulfilled the requirements listed in Section 5.40.050, with the exception of the CMTC certificate or Approved Massage School requirements listed in subsections (J) and (K)(1); and,

B. Produces written proof that the applicant is currently enrolled in an approved massage school as defined in this chapter, the date the applicant enrolled in the approved massage school, and the scheduled date of graduation; and,

C. Has completed at least 100 hours of instruction and the date this instruction was completed; provided, that the applicant submits a letter signed by the owner or manager of a licensed massage establishment stating the immediate intent to employ the applicant to do massage as a trainee working under the direct supervision and control of a massage therapist who has received a permit under the provisions of this chapter.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 3, 9-11-2017)

A. Every application for a massage therapist and massage therapist trainee shall be accompanied by a certificate from a physician licensed to practice medicine in the State that the applicant has tested within the previous 30 days and been found to be free of any contagious or communicable disease capable of being transmitted to the public and fellow employees involved in the performance of conducting a massage.

B. Any person issued a massage therapist permit shall file with the City within 30 days of the anniversary date of the issuance of the permit an updated certificate from a medical doctor licensed to practice medicine in the State that the permitted person has within 30 days immediately prior to the filing of the certificate been examined and been found free of any contagious or communicable disease capable of being transmitted.

C. It shall be unlawful for any person who has neglected, filed, or refused to file a certificate required by subsection 5.40.80 (A) and (B) to act as a massage therapist or massage therapist trainee. Failure to submit the required certificate shall be grounds for revocation of the permit.

(Ord. CS 767, 2-22-1999)

The massage therapist trainee permit shall allow students to work under the supervision and direction of a massage therapist who has received a permit issued under the provisions of this chapter; provided, however, no licensed massage therapist shall be permitted to supervise more than three persons issued trainee permit. A trainee permit shall expire one year from the date of issuance and shall not be renewed unless good cause is shown by the applicant for such renewal. The failure to comply may render the trainee ineligible to obtain a massage therapist permit. Any massage therapist trainee who during the life of a trainee permit completes the instruction required for massage therapist and meets all of the remaining requirements for massage therapist shall be issued a massage therapist permit.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 4, 9-11-2017)

It is unlawful for any person to act as a massage therapist or massage therapist trainee unless such person holds a valid permit issued by the City. The massage therapist or massage therapist trainee permit shall be issued to any person who has fulfilled the requirements of this chapter and all applicable provision of this Code unless grounds for denial of such permit are found to exist. A permit may be denied if any one of the following are found:

A. That the applicant has made a material misstatement in the application for a permit;

B. The applicant's CMTC certificate has expired, been revoked, or suspended;

C. That the applicant has within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of an offense involving conduct which: requires registration under California Penal Code Section 290 or Health and Safety Code section 11590; involves the use of force and violence upon the person of another that amounts to a felony; involves sexual misconduct with children; involves theft, embezzlement or moral turpitude; violates Penal Code section 182, 243.4, 261, 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 267, 288, 311, 314, 314.1, 315, 316, 318, 647, 647a, 647b, 647d, or 647h; is a felony offense involving the possession for sale, sale, transportation, furnishing or giving away of controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive; is a conspiracy to violate any of the aforesaid mentioned sections of the California Penal Code or Health and Safety Code; or is the equivalent of any of the aforesaid crimes in a jurisdiction outside the State.

D. That the issuance of a permit is likely to be a hindrance to the health, safety, welfare, or the interest of the people of the City of Atwater; and,

E. That the applicant is lacking in the background qualifications to act as a massage therapist or message therapist trainee; and,

F. That the applicant has violated any provision of this chapter or any similar ordinance, law, rule, or regulation of another public agency which regulates the operation of massage establishments or massage technicians or therapists.

(Ord. CS 985, § 4, 9-11-2017)

Editor's note— Ord. CS 985, § 4, adopted Sep. 11, 2017, amended § 5.40.110 in its entirety to read as herein set out. Former § 5.40.110 pertained to massage therapist, massage therapist trainee permit grounds for refusal and derived from Ord. CS 767, adopted Feb. 22, 1999.

Any permit issued under this chapter may be suspended or revoked by the City for any reasons which justify the refusal to grant a permit originally.

(Ord. CS 767, 2-22-1999)

Any persons whose permit has been denied, suspended, or revoked shall be given prompt notice of revocation or suspension of the permit and shall immediately desist from engaging in the activity. The notice shall state that the applicant has the right to appeal the order to the City of Atwater Planning Commission by filing a written appeal with the Planning Department no later than five business days from the date of the notice.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 5, 9-11-2017)

Any place of business employing massage therapists, massage therapist trainees, or both shall display the permit for each and every massage therapist or massage therapist trainee employed in the establishment in an open and conspicuous place on the premises.

(Ord. CS 767, 2-22-1999; Ord. CS 985, § 5, 9-11-2017)

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to punishment in a manner as provided by law.

(Ord. CS 767, 2-22-1999)

All massage establishments shall comply with the most recently adopted UBC, UFC, UPC, NEC, ADA, and Health and Safety Code requirements.

(Ord. CS 767, 2-22-1999)