Belmont Municipal Code Art. II Massage Businesses

(a) The City Council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, the City Council's objective in enacting this article is to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses. The City Council intends that this article reduce and prevent neighborhood blight, protect and preserve the quality of City neighborhoods and commercial districts, and enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses.

(b) In enacting this article, the City Council is relying upon the uniform statewide regulations applicable to massage practitioners and establishments enacted by the State Legislature to restrict the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council.

(Ord. No. 2024-1176, § 1, 2-13-24)

The definitions in this section apply to the words and phrases use in this article unless the context clearly indicates otherwise.

California Massage Therapy Council or CAMTC means the Massage Therapy Organization formed under Business and Professions Code section 4600.5.

Certified Massage Practitioner means any individual certified by the California Massage Therapy Council as a Certified Massage Therapist or as a Certified Massage Practitioner under Business and Professions Code sections 4600 et seq.

Health Officer means the person appointed by the City under the Health and Safety Code or his or her authorized representatives or designees.

Massage or massage therapy means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

Massage business means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the client through outcall massage services, and includes businesses that offer massage therapy as well as other goods or services. "Massage business" includes a Certified Massage Practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.

Massage business operator means any and all operators and owners of a massage business.

Outcall massage means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business's City Registration Certificate.

Practitioner or massage practitioner mean any person who administers massage to another person, for any form of consideration whether for the massage, as part of other services or a product, or otherwise.

Reception and waiting area means an area immediately inside the front door of the massage business dedicated to the reception and waiting of massage business clients and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

School of massage means any school or institution of learning that is recognized as an approved school under Business and Professions Code Division 2, Chapter 10.5.

(Ord. No. 2024-1176, § 1, 2-13-24)

(a) The provisions of this article apply to all massage businesses and individuals performing massage within the City of Belmont, except those businesses and individuals in subsection (b).

(b) The provisions of this article do not apply to the following classes of businesses or individuals:

(1) Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists or other practitioners who are duly licensed to practice their respective professions in the State of California while engaged in activities within the scope of their state license, and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person acting within the scope of their state license.

(2) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision applies solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.

(3) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions while acting within the scope of their employment.

(4) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

(5) Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

(6) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:

(A) The massage services are made equally available to all participants in the event;

(B) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

(C) The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

(D) The sponsors of the event have been advised of and have approved the provisions of massage services;

(E) The persons providing the massage services are not the primary sponsors of the event.

(Ord. No. 2024-1176, § 1, 2-13-24)

(a) Individuals. It is unlawful for any individual to practice massage therapy for compensation within the City unless that individual is a certified massage practitioner.

(b) Businesses. It is unlawful for any person to operate a massage business within the City unless all individuals employed or contracted by the massage business to perform massage including a sole proprietor are certified massage practitioners and the business is registered and holds a valid regulated business registration certificate in good standing under this chapter.

(Ord. No. 2024-1176, § 1, 2-13-24)

(a) A person desiring to register a massage business must submit a complete registration application to the registration authority and pay an application fee as provided in Section 13-5.

(b) In addition to the application requirements in Section 13-6, the application must include a list of all of the massage business's employees and independent contractors who are performing massage and their CAMTC certification.

(Ord. No. 2024-1176, § 1, 2-13-24)

(a) A massage business is disqualified from registration and possessing a Registration Certificate if:

(1) An individual providing Massage Therapy for the business does not currently possess a valid CAMTC-certification;

(2) An owner -

(A) is required to register under Penal Code section 290 (sex offender registration),

(B) was convicted of -

(i) Penal Code section 266i (pandering),

(ii) Penal Code Section 315 (keeping or residing in a house of ill-fame),

(iii) Penal Code Section 316 (keeping disorderly house),

(iv) Penal Code Section 318 (prevailing upon person to visit a place for prostitution),

(v) Penal Code Section 647(a) (engaging in or soliciting lewd or dissolute conduct in public),

(vi) Penal Code Section 647(b) (engaging in or soliciting prostitution),

(vii) Penal Code Section 653.22 (loitering with intent to commit prostitution),

(viii) Penal Code Section 653.23 (supervision of prostitute),

(ix) any crime involving dishonesty, fraud, deceit, violence, or moral turpitude,

(x) a felony offense involving the sale of a controlled substance, or

(xi) an offense in any other state which if committed in this state, would have been punishable as an offense listed in this subdivision,

(C) made a material misrepresentation on the registration application,

(D) within the last 5 years from the date of the pending application -

(i) made a material misrepresentation in a registration application;

(ii) had a registration certificate, a land use permit, or other approval revoked by the City,

(iii) while an administrative, civil or criminal proceeding was pending against the owner or the massage business for conduct arising out of the operation of the business, surrendered a registration certification, a land use permit, or other approval issued by the City and necessary to operate a business, or

(E) who is or was, or owned a business or property that is or was, subject to injunction under Penal Code sections 11225-11235;

(3) Registration or operation of the business at the proposed location, as conditioned, is not consistent with federal, state or local laws or regulations or this chapter.

(b) The registration authority may disqualify a massage business from registration if authority finds that:

(1) An owner or any massage business personnel committed an act that violates Business and Professions Code Section 4609, subdivision (a);

(2) An owner or any massage business personnel have a history of committing, permitting or failing to prevent significant violations of City of Belmont Ordinances in relationship to the operation of the business; or

(3) An owner had an approval from another jurisdiction to operate a business in that jurisdiction that if presently located in the City would be a massage business and within the last seven years either -

(A) the jurisdiction revoked the approval, or

(B) while an administrative, civil or criminal proceeding was pending against the business, an owner, or personnel of the business for conduct arising out of the operation of the business, surrendered the approval.

(Ord. No. 2024-1176, § 1, 2-13-24)

(a) No person may perform or permit any Massage within the City unless all requirements of this section are met.

(b) CAMTC-certification must be worn by and clearly visible on the Massage Practitioner's person during working hours and at all times when the Massage Practitioner is inside a massage business or providing outcall massage.

(c) A massage business may be open and provide massage only between the hours of 7:00 a.m. and 9:00 p.m. All massage services must cease and the business must ensure that all clients exit the premises by 9:00 p.m.

(d) A list of the services available, described in readily understandable language, and the cost must be posted in the reception area. Outcall service providers must provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee may permit, and no massage practitioner may offer or perform, any service other than those posted as required herein, nor may an operator or a massage practitioner request or charge a fee for any service other than those on the list posted or provided to the client in advance of any outcall services.

(e) A copy of the CAMTC certificate for each Massage Practitioner employed in the business must be displayed in the reception area. CAMTC certificates of former employees or contractors must be removed as soon as those practitioners are no longer employed by or offering services through the massage business.

(f) For each Massage service provided, every massage business must keep a complete and legible written record of the following information: the date and hour that service was provided; the service provided; the name or initials of the employee entering the information; and the name of the Massage Practitioner administering the service. Such records must be open to inspection and copying by police officers, or other City officials charged with enforcement of this chapter. These records may not be used by any Massage Practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the Massage Practitioner or operator unless otherwise required by law. Such records must be retained on the premises of the massage business for a period of two years and be immediately available for inspection during business hours.

(g) Massage businesses must at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens must be stored in enclosed cabinets. Towels and linens must not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings must not be used on more than one client. Soiled linens and paper towels must be deposited in separate, approved receptacles.

(h) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools must be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs must be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.

(i) Instruments utilized in performing massage must not be used on more than one client unless they have been sterilized, using approved sterilization methods.

(j) All massage business operators and their employees, including Massage Practitioners, must wear clean, non-transparent outer garments. The garments must not expose their genitals, pubic areas, buttocks, or chest, and must not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer-garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie or swimsuits.

(k) No person may, and the owner, operator, responsible managing employee, or manager must not permit a person to possess an open container of alcohol, consume an alcoholic beverage, unlawfully ingest controlled substances, or ingest cannabis on the premises of a massage business.

(l) A massage business may not operate as a school of massage, or use the same facilities as that of a school of massage.

(m) A massage business may not 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 clients that any service is available other than those services listed in accordance with subsection (d), and a massage business may not employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.

(n) Massage may not be given unless the client's genitals are, at all times, fully covered. A massage practitioner may not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the person's clothing.

(o) Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business must remain unlocked when the business is open for business or when clients are present.

(p) When a massage business is located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, clear visibility of the interior reception and waiting area through those windows may not be obstructed during business hours by any means including curtains, blinds, tints, or placement of materials in the line if sight. For the purpose of this subsection, there is an irrefutable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window.

(q) All signs must conform with City regulations.

(r) Minimum lighting consisting of at least one artificial light rated at not less than 450 lumens must be provided and must be operating undimmed in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

(s) Ventilation must be provided in accordance with applicable building codes and regulations.

(t) Hot and cold running water must be provided at all times.

(u) Adequate dressing, locker and toilet facilities must be provided for clients.

(v) A minimum of one wash basin for employees must be provided at all times. The basin must be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels must be provided at each basin.

(w) Pads used on massage tables must be covered with material acceptable to the Health Officer.

(x) All massage businesses must comply with all state and federal laws and regulations for handicapped clients.

(y) A Massage Practitioner must operate only under the name specified in his or her CAMTC certificate.

(z) A massage business must operate only under the name specified in its Registration Certificate.

(aa) A massage business must not allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business.

(bb) Other than custodial or maintenance staff, no persons are permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. No. 2024-1176, § 1, 2-13-24)