Carpinteria Municipal Code Ch. 5.48 Massage Establishments

Footnotes:

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Prior history: prior code §§ 4760—4775 and Ords. 343 § 4, 346 § 2, 349 § 1, and 378 § 6.

The city council finds and declares as follows:

A. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.

B. Massage establishments have been found to present opportunities for unlawful activity.

C. The California legislature and the courts have long recognized the necessity of imposing reasonable regulations and standards for the operation of massage establishments, including but not limited to minimum educational and experience requirements, passage of a practical examination of competence, sanitary conditions, hours of operation, and other operational regulations designed to minimize opportunities for illegal activities and to ensure the protection of the health, safety and welfare of citizens.

D. Some establishments, seeking to avoid regulations applicable to massage establishments, attempt to characterize or advertise themselves as "relaxation" or feature other services, including, but not limited to, tanning, hot towel wraps, steam baths, or saunas. Such establishments are considered to be similarly susceptible to opportunities for unlawful activities, and are therefore regulated pursuant to this chapter.

E. There is a significant risk of injury to clients of massage establishments by improperly trained and/or educated massage therapists.

F. The costs of investigation, surveillance and prosecution of criminal activities in or at massage establishments, both in terms of requirements for specialized training and operations, are extraordinary.

G. Effective investigation, enforcement and prosecution of illegal activities in or at massage establishments often require a disproportionate diversion of public safety and law enforcement resources not only from within the city, but also from other jurisdictions.

H. Minimum hours of training and experience, restrictions on advertising, and standards for professional conduct contained in this chapter are consistent with recommended standards promulgated by nationally recognized trade organizations for massage therapists.

(Ord. 577 § 1 (part), 2002)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases as used in this chapter.

A. "City" means the city of Carpinteria.

B. "Employee" means any person, other than a massage technician or massage therapist, who may render service to the massage establishment permittee, and who receives compensation from the massage establishment permittee or an agent for the permittee, and who has no physical contact with the customers or clients.

C. "Massage" means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the body with the hands or other 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 and shall include herbal body wraps.

D. "Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massage, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

E. "Massage technician" means any person who administers to another person for any form of consideration "massage" as defined in subsection C of this section and has completed at least two hundred fifty (250) hours of training and received a massage technician permit pursuant to Section 5.48.160.

F. "Massage therapist" means any person who administers to another person, for any form of consideration, "massage" as defined in subsection C of this section and has completed at least five hundred (500) hours of training and received a massage therapist permit pursuant to Section 5.48.160.

G. "Off premises" or "off premises massage" means any business where the primary function of such business is to engage in or perform massage not at a fixed location but at a location designated by the customer or client.

H. "Seated massage" means any massage of the neck, arms, shoulders and back area above the waist where the client is fully clothed, sitting in a special chair approved by a recognized massage therapy association, designed for upper body massage and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice.

I. "Home occupation massage" means any business where the massage establishment is located in a residence

J. "Recognized school of massage" means any school or institution of learning which teaches the theory, ethics, practice, profession or work of massage, which has been approved pursuant to the California Education Code. Schools offering a correspondence course not requiring attendance shall not be deemed a state-recognized school. The city shall have a right to confirm that the applicant has actually attended class in a state-recognized school.

(Ord. 607 § 1 (part), 2005; Ord. 577 § 1 (part), 2002)

It is unlawful for any person, association, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on in or upon any premises within the city, the operation of a "massage establishment" as herein described, without first having obtained a permit issued by the city pursuant to the provisions hereinafter set forth. A massage establishment permit is valid for one year from the date of issuance and must be renewed in accordance with Section 5.48.160. The permit required shall be in addition to any other license or permit including a business license required by city ordinance.

(Ord. 577 § 1 (part), 2002)

The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists that are duly licensed to practice their respective professions in the state, while performing activities encompassed by such professional licenses.

B. Nurses registered under the laws of the state, acting within the scope of their employment.

C. Barbers and beauticians who are duly licensed under the laws of the state; but only provided that they are lawfully engaged in providing the professional services performed pursuant to such license.

D. Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by the state.

E. Coaches and trainers in accredited high schools, junior colleges, and colleges or universities acting within the scope of their employment.

F. Massage performed in the office of a licensed physician, surgeon, chiropractor, or osteopath while under the supervision of such licensed medical professional does not require a massage establishment permit, and may be performed by a massage technician or massage therapist.

G. Individuals administering massages 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 the following conditions are met:

1. The massage services are made equally available to all participants at the event;

2. The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating companies;

3. The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

4. The sponsors of the event have been advised and have approved the provisions of the massage services; and

5. The persons providing the massage services are not the primary sponsors of the event.

H. Massage practitioners or massage therapists who are duly certified by the California Massage Therapy Council (CMTC), as set forth in Business and Profession Code § 4600 et seq., provided however that evidence of such certification is filed with the city. CMTC certified massage practitioners or massage therapists are required to pay for and obtain a business license, to follow health and safety regulations and are subject to revocation of a business license. This section shall be revised by January 1, 2016, if the provisions of Business and Profession Code § 4600 et seq. are not extended or if they are revised.

(Ord. 607 § 1 (part), 2005; Ord. 577 § 1 (part), 2002)

(Ord. No. 637, § 2, 7-27-2009)

Any application for a massage establishment permit or for the renewal thereof, shall be accompanied by a nonrefundable fee as set by resolution of the city council and shall be paid to the city to defray, in part, the cost of the investigation and report required by this chapter.

(Ord. 577 § 1 (part), 2002)

A. Any application for a massage establishment permit shall be made with the city manager.

B. The application and fee required under this section shall be in addition to any license, permit or fee required under any other chapter of this code.

C. Each application for a permit shall contain written proof of the following information:

1. The full true name under which the business will be conducted.

2. The address where the business is to be conducted.

3. The applicant's full, true name, any other names used, date of birth, California drivers license number or California identification number, social security number, present residence address, and telephone number.

4. The applicant's business, occupation, and employment history for five years preceding the date of application, and the inclusive dates of same.

5. The permit history of the applicant: whether such person has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance for such permit or license, whether the permit or license was revoked or suspended; or if a vocational or professional license or permit was issued, revoked, or suspended, and the reason therefor.

6. All convictions for any crime involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any state law similar to and including California Penal Code Sections 314, 315, 316, 318, 647, or any crime involving dishonesty, fraud, deceit, or moral turpitude.

7. A complete definition of all services to be provided.

8. The name and address of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section wherein the business or profession of massage is conducted.

9. Acceptable written proof that the applicant is at least eighteen years of age.

10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or Charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation.

11. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply.

12. The name of the person designated by the applicant, corporation or partnership to act as its responsible managing officer in charge of the premises.

13. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

14. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, a copy of the lease and a notarized acknowledgment must accompany the application from the owner of the property that a massage establishment will be located on his/her property.

15. Two passport-sized photographs of the applicant for identification card.

16. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

D. Upon receipt of a complete written application for a massage establishment permit, the city manager or an authorized representative, shall conduct an investigation in such a manner as he or she deems appropriate, in order to ascertain whether such permit should be issued as requested. Upon the completion of the investigation, the city manager shall deny the permit application if he or she finds:

1. The required fee has not been paid;

2. The application does not conform to the provisions of this chapter;

3. The applicant has one or more material misrepresentations in the application;

4. The applicant, if an individual, or any of the stockholders of the corporation, or any officers or director, if the applicant is a corporation, or a partner if the applicant is a partnership, has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 314, 315, 316, 318, 647, or any other crime involving dishonesty, fraud, deceit, or moral turpitude;

5. The applicant has had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the city, or any other state or local agency prior to the date of approval;

6. The applicant is less than eighteen years of age;

7. The massage establishment as proposed by the applicant would not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; or

8. The applicant is lacking the background and qualifications to conduct a bona fide massage establishment.

E. The city manager shall render a decision to approve or deny the application within thirty days of filing of an application. Alternatively, the city manager may, at his or her discretion, issue a provisional permit to any massage technician, for a period not to exceed six months, where the applicant is able to show that substantial compliance can be achieved within the period of the provisional permit. Such a provisional permit cannot be renewed beyond six months from the date of the initial application.

(Ord. 577 § 1 (part), 2002)

If the city manager or an authorized representative, following investigation of the applicant, deems that the applicant does not fulfill all applicable requirements of this chapter, he or she shall deny said application. The city manager shall notify the applicant by dated written notice of the denial. The applicant shall have the right of appeal to the city council within thirty days after the date of written notice by city manager.

(Ord. 577 § 1 (part), 2002)

No person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met:

A. Each person employed or acting as a massage technician shall have a valid permit as required by Section 5.48.110 and permit identification card issued by the city manager. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this chapter and who is not wearing a permit identification card clearly visible during working hours.

B. The possession of a valid massage establishment permit does not authorize the possessor to perform work for which a massage technician permit is required.

C. Massage operations shall be carried on or conducted, and the premises shall be open only between the hours of seven a.m. and ten p.m.

D. A list of services available and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable terms. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician shall offer or perform, any service other than those posted and permitted under this code.

E. The massage establishment permit and a copy of the permit of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises.

F. Massage establishments shall at all times be equipped with an adequate supply of clean towels, coverings and linens, which shall be stored in cabinets. Towels and linens shall not be used on more than one patron, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

G. If male and female patrons are to be treated simultaneously at the same massage establishment, a separate massage room or rooms, separate dressing facilities, and separate toilet and washing facilities shall be provided.

H. If wet and dry heat rooms, steam and vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools are offered, they shall be thoroughly cleaned and disinfected with a disinfectant as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use with a disinfectant. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

I. Instruments for performing massage shall not be used on more than one patron unless they first have been properly sterilized.

J. All employees, including massage technicians, shall be clean, and wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic area, buttocks, or chest. Massage technicians shall maintain the permit identification card clearly visible on their person during business hours.

K. No person shall enter, be or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises.

L. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

M. No service defined in Section 5.48.020C of this chapter may be carried on within any cubicle, room, booth or any area within a massage establishment, which is not immediately accessible to supervisorial, safety or inspection personnel, during all hours of operation.

N. All exterior doors shall remain unlocked from the interior side during the business hours.

O. A massage shall not be given unless the patron's genitals are fully covered and, in addition, a female patron's breasts are fully covered.

(Ord. 577 § 1 (part), 2002)

Every massage establishment shall maintain facilities meeting the following requirements:

A. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.

B. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

C. Hot and cold running water shall be provided at all times.

D. Cabinets shall be provided for storage of clean linens.

E. Adequate dressing and toilet facilities shall be provided for patrons. Separate toilets and washbasins must be provided for male and female patrons.

F. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material.

(Ord. 577 § 1 (part), 2002)

A massage establishment permit shall not be required for seated massage, as defined in Section 5.48.020; however, any such service must be conducted by a permitted massage technician. If any other form of massage is offered at the location, a massage establishment permit is required.

(Ord. 577 § 1 (part), 2002)

Off-premises massage may be conducted by any massage therapist holding a valid permit, and is subject to the following restrictions:

A. No person under the age of eighteen (18) may receive a massage from a massage therapist conducting off-premises massage unless a parent or guardian is present or provides a signed written consent;

B. Off-premises massage must comply with the operating standards set forth in subsections 5.48.080(F)—(K) and (O);

C. No person authorized to perform off-premises massage shall do so at any hotel room, motel room, or commercial establishment, except within the office of the person receiving the massage. For purposes of this section, a hotel room or motel room is not considered an office;

D. Off-premises massage may only be conducted between the hours of 9:00 a.m. and 7:00 p.m.

(Ord. 607 § 1 (part), 2005)

A. As a condition of the massage establishment permit, the owner, operator and/or on duty manager agrees and consents to inspections of the premises by city building and code compliance personnel for the purpose of determining compliance with the provisions of this chapter and other applicable regulations, ordinances and laws. In addition, the owner, operator and/or on-duty manager agrees to an initial inspection of the premises by the city building inspector code compliance and the Carpinteria-Summerland fire protection district.

B. The county sheriff, the city manager or their authorized representatives, shall have the right to enter the massage establishment during regular business hours for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter. A warrant shall be obtained whenever required by law.

(Ord. 577 § 1 (part), 2002)

No massage establishment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void, provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s).

(Ord. 577 § 1 (part), 2002)

A. A change of location of any massage establishment or massage technician must first be approved by the city manager who must determine, prior to approval, that all ordinances and regulations of the city will be complied with at any proposed new location. A change of location shall require the filing of a new business license.

B. No permittee shall operate under any name or conduct any establishment under any designation not specified in permittee's permit.

C. Any application for an extension or expansion of a building or other place of business of a massage establishment shall require compliance with Section 5.48.090 of this chapter and all applicable building and zoning code provisions.

D. A separate permit shall be required for each location of a massage establishment, but separate permits need not be obtained by a massage technician operating in more than one location within the city for each such location; provided, that the application for a single permit for more than one location shall disclose each location at which the technician may operate. No permit issued under this chapter shall be in any way deemed or construed to authorize outcall services.

(Ord. 577 § 1 (part), 2002)

Any home occupation massage establishment must obtain a massage establishment permit, in addition to all other permits and licenses that may be required pursuant to this code. In addition, any home occupation massage establishment must comply with the following conditions, in addition to all other conditions required by this chapter or this code:

A. A home occupation massage establishment may only operate between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday.

B. A home occupation massage establishment may only service up to two (2) clients at a time.

C. A home occupation massage establishment may only be owned and operated by a massage therapist who is licensed by the city in accordance with this chapter.

(Ord. 607 § 1 (part), 2005)

A. No person shall engage in the business of, or act as, a massage technician or massage therapist unless such person holds a valid permit issued by the city pursuant to this chapter. In addition, each massage technician or massage therapist shall be issued a permit identification card, which shall be clearly displayed on the permit holder's person during business hours. Each permit holder shall immediately surrender to the city manager or an authorized representative any permit issued by the city upon the suspension, revocation, or expiration of such permit.

B. A permit under this section shall be subject to renewal every twelve (12) months from the date of issuance unless revoked or suspended earlier.

(Ord. 607 § 1 (part), 2005: Ord. 577 § 1 (part), 2002)

Any application for a massage technician or massage therapist permit, or for the renewal thereof, shall be accompanied by a nonrefundable fee as set by resolution of the city council and shall be paid to the city to defray, in part, the cost of investigation and reports required by this chapter.

(Ord 607 § 1 (part), 2005: Ord. 577 § 1 (part), 2002)

A. Any application for a massage technician or massage therapist permit shall be made with the city manager.

B. The application for permit does not authorize the applicant to practice massage until such permit has been granted.

C. Each applicant for a massage technician permit shall submit the following information under penalty of perjury:

1. Each and every fact or inquiry set forth in Section 5.48.060(C)(1) through (7).

2. Acceptable written proof that the applicant is at least eighteen (18) years of age.

3. If the application is for a massage therapist permit, the applicant must furnish a diploma or certificate of graduation and transcripts from a five hundred (500) hour course of instruction, or if the application is for a massage technician permit, the applicant must furnish a diploma or certificate of graduation and transcripts from a two hundred fifty (250) hour course of instruction from either:

a. A recognized "school of massage" as defined in Section 5.48.020(H) of this chapter; or

b. An existing school or institution of learning outside the state together with a certified transcript of the applicant's school records showing date of enrollment, hours of instruction and graduation from a course having at least a minimum requirement prescribed by Title 5, Division 21, of the California Administrative Code, wherein the theory, method, profession and work of massage are taught, and a copy of the school's approval by its State Board of Education; or

c. Alternatively, the applicant may furnish a diploma or certificate of graduation and transcripts from a minimum two hundred (200) hour course of instruction from schools or institutions as described in Section 5.48.020(H), and (i) if the application is for a massage technician permit, furnish proof of completion of at least fifty (50) hours of continuing education courses, or (ii) if the application is for a massage therapist permit, at least three hundred (300) hours of continuing education courses in massage from schools or institutions as described in Section 5.48.020(H). The minimum combined total course hours and continuing education hours shall equal no less than two hundred fifty (250) hours for a massage technician application and five hundred (500) hours for a massage therapist application.

d. All requirements for the approval of a massage technician permit and massage therapist permit are subject to and subordinate to state law. If, at any time, state law requires any additional or more rigorous requirements for the permitting of a massage technician or massage therapist, then state law shall apply.

4. The full name, address and telephone number of each massage establishment where the technician will be employed.

5. Such other identification and information as the city and sheriff's department may require in order to discover the truth of the matters herein specified as required to be set forth in the application including, but not limited to, the work history for the past five years.

6. The city manager or an authorized representative will require the applicant to furnish fingerprints for the purpose of establishing identification. Any required fingerprinting fees will be the responsibility of the applicant.

7. A certificate from a medical doctor licensed to practice in the state stating that the applicant has within thirty days immediately preceding the date of application been examined and found to be free of any contagious or communicable disease.

8. Two prints of a recent passport-sized photograph of the applicant.

D. Upon receipt of a written application for a massage technician permit or massage therapist permit, the city manager or authorized representative shall conduct an investigation in such a manner as deemed appropriate, in order to ascertain whether such permit should be issued. Upon the completion of the investigation, the city manager shall deny the permit application if he or she finds:

1. The required fee has not been paid;

2. The application does not conform in all respects to the provisions of this chapter;

3. The applicant has made one or more material misrepresentations in the application;

4. The applicant has been convicted in a court of competent jurisdiction of an offense involving conduct, which requires registration under California Penal Code Section 290, or of conduct, which is a violation of the provisions of California Penal Code Sections 314, 315, 316, 318, 647, or any other crime involving dishonesty, fraud, deceit, or moral turpitude;

5. The applicant has had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the city, or any other state or local agency prior to the date of approval;

6. The applicant is not at least eighteen (18) years of age; or

7. The applicant has failed to meet the training requirements set forth in Section 5.48.150(C).

E. The city manager shall render a decision to approve, conditionally approve, or deny the application within thirty days of filing of an application.

F. If the city manager or an authorized representative, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this section, he or she shall recommend denial of the application. The city manager shall notify the applicant of the denial by dated, written notice. Any applicant for a permit who is refused a permit by the city manager or an authorized representative may appeal the denial to the city council.

(Ord. 607 § 1 (part), 2005; Ord. 577 § 1 (part), 2002)

A person holding a valid massage technician permit may engage in the business of, or perform massage, as defined in this chapter with the following limitations:

A. The massage technician must be employed or permitted to work at a licensed massage establishment.

B. The massage technician is not permitted to perform massage at a home massage establishment or on an out-call basis.

(Ord. 607 § 1 (part), 2005)

In addition to performing all activities permitted for a massage technician, a person holding a valid massage therapist permit may operate a home massage establishment, perform massage at a home massage establishment, and perform massage on an outcall basis.

(Ord. 607 § 1 (part), 2005)

A. Massage establishments and technicians licensed under this chapter shall have thirty days prior to the date of expiration to renew his/her permit, and a renewal fee shall be paid to cover staff costs to process the renewed permit.

B. On a biennial basis, permit renewal shall be contingent upon satisfactory compliance with all pertinent sections of this chapter, including a current medical clearance and submission to a background investigation subsequent to fingerprint examination.

C. Every massage technician licensed under this chapter shall annually complete at least twenty hours of continuing education courses in massage from schools or institutions as described in Section 5.48.120(D)(1) or from equivalent organizations as determined by the city manager. Failure to complete such hours and submit proof of such completion in a form satisfactory to the city manager at the time of permit renewal shall be grounds for denial of permit renewal. The minimum requirement of twenty hours of continuing education courses to renew a permit is based on a five-hundred-hour education recommendation for membership in the American Massage Therapists Association (AMTA). If recommended hours of education for membership in the AMTA increase, the number of continuing education hours for renewal of permits under this section shall increase in direct proportion to the increase of education hours required for membership in the AMTA.

D. Massage establishments shall pay an annual inspection fee to confirm that all requirements of building and zoning provisions are in compliance.

(Ord. 607 § 1 (part), 2005; Ord. 577 § 1 (part), 2002)

A. The holder of the permit to operate or conduct a massage establishment shall notify the city manager, in writing, of the name and address of each person employed as a massage technician at such establishment within five (5) days of employment. The requirements of this section are in addition to the other provisions of this chapter and nothing contained herein shall relieve the permittee of the responsibility of ascertaining, prior to employment, whether said person has a current unrevoked massage technician's permit.

B. If during the life of a permit the applicant has any change in information concerning the original application, notification must be made to the city manager, in writing, within thirty days of the change.

(Ord. 577 § 1 (part), 2002)

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter. Massage establishments legally in business prior to the effective date of the ordinance first enacting this section shall have six (6) months or until the expiration of their current massage establishment permit, whichever is later, to comply with the regulations for massage establishments set forth herein. Persons who are currently permitted to work as massage technicians by the city, or who have had an application for such a permit accepted as complete by the city manager, shall be required to comply with annual review upon the expiration of their permit.

(Ord. 577 § 1 (part), 2002)

A. It is unlawful for any massage technician to massage the genital area of any patron or the breasts of any female patron or for any responsible managing officer in charge of the premises of a massage establishment to allow or permit such massage.

B. It is unlawful for a person serving as a massage technician not to be fully clothed in nontransparent clothing that covers their genitals, pubic area, buttocks, and chest at all times.

C. It is unlawful for any massage technician to perform any massage service at any location other than that location specified on the technician's permit. If during the life of a permit the applicant has any change in information concerning the original application, notification must be made to the city manager, in writing, within thirty (30) days of the change.

D. It is unlawful for any person to conduct, solicit or engage in outcall services.

(Ord. 577 § 1 (part), 2002)

Any advertisement, including, but not limited to, print, television radio or electronic media, for a massage establishment, off-premises massage services, or the business or performance of massage shall include the permit license number of the massage therapist or massage technician that will be performing or supervising services being advertised.

(Ord. 607 § 1 (part), 2005)

Before revoking any permit, the city manager or his designee shall give to the permittee a reasonable notice in writing of the proposed revocation and of the grounds there under, and also of the time and place at which the holder of the permit will be given a reasonable opportunity to show cause why his permit should not be revoked. The notice may be served personally upon the permittee, or may be mailed, postage prepaid, to the permittee at his last known address or at any address shown upon his application, at least ten days prior to the date of the hearing. Upon conclusion of the hearing, the city manager or his designee may, for violations of this chapter, revoke the permit.

(Ord. 577 § 1 (part), 2002)

Any permittee, within ten (10) days after receipt of notice of revocation, may file an appeal to the city council through the city clerk. The appeal must be made in writing stating the grounds why the permit should not be revoked. The city council shall hear the appeal within thirty days and the decision of the city council shall be final.

(Ord. 577 § 1 (part), 2002)

Unless otherwise specifically provided by law, the burden is on the permittee-applicant in any hearing under this chapter to prove that the determination of the city manager or an authorized representative, which is being appealed, is unreasonable, erroneous, or clearly an abuse of discretion.

(Ord. 577 § 1 (part), 2002)

Violation of any provision of this chapter is a misdemeanor unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, with the consent of the defendant, determines that the offense is an infraction. Revocation of a license or permit or certificate shall not be a defense against prosecution.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by law.

(Ord. 577 § 1 (part), 2002)

A. Prior to the revocation or suspension of any permit granted pursuant to this chapter, the city manager shall give written notice of a hearing to the permit holder. The notice shall include a copy of the pertinent code sections, a brief statement of the factual issues supporting the suspension or revocation and the following information:

You are hereby notified that a hearing will be held before the Administrative Hearing Officer at _______ on the ___ day of_______, ___ to hear the matter of the revocation (or suspension) of your permit(s) issued under Chapter 5.48 of the Carpinteria Municipal Code. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.

The notice shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally, at least ten days prior to the hearing date.

B. At the hearing, the permittee shall be given an opportunity to testify and present evidence concerning the revocation or suspension.

C. If the permittee fails to attend the hearing, the hearing will proceed without the permittee and he or she will be deemed to have waived his or her rights to be orally heard at the hearing. The permittee shall retain the right to present written evidence at the hearing even if he or she is not present.

D. The hearing officer may continue the hearing and request additional information from the city manager or the permittee prior to issuing a written decision.

(Ord. 577 § 1 (part), 2002)

A. After consideration of all testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the suspension or revocation and shall list the reasons for that decision. The decision of the hearing officer shall be final.

B. The hearing officer shall mail, postage prepaid, his or her written decision to the permittee at the last known address, or it shall be delivered personally, at least ten days after the hearing.

C. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon his or her decisions upholding or canceling revocations or suspensions.

(Ord. 577 § 1 (part), 2002)

Any person aggrieved by an administrative decision of a hearing officer relating to the revocation or suspension of a permit issued under this chapter may obtain review of the administrative decision by filing a petition for review with the superior court in Santa Barbara County.

(Ord. 577 § 1 (part), 2002)