§ 9138.91. Massage Service. — Carson Zoning Code

A. Purpose and Intent.
1. The permit requirements and restrictions imposed by this Code are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.
2. The City of Carson is authorized, by virtue of the State Constitution , Sections 51030 et seq. of the Government Code, and Section 13 of the Chiropractic Act to regulate massage establishments by imposing, reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of massage establishments.
3. There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and this Code provides reasonable safeguards against injury and economic loss.
4. There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions or operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.
5. The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff's Department and the City of Carson Code Enforcement Division in the regulation of massage establishments.
6. The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license and permit issued by the Business License Division or any license requirements imposed by the State or local agency.
7. The regulations and restrictions contained in this Code are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this Code bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.
B. Definitions. In addition to the definitions provided in CMC § 63134 and for the purpose of this Section, the following definitions apply:
1. "Massage Establishment"

means a fixed place of business where one or more persons engage in or carry on the practice of massage either as a principle or ancillary use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.

2. "Massage Parlor"

means an establishment that provides massage service as its principle use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.

3. "Massage" or "Massage Service"

means any method of pressure or acupressure 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. This definition includes the practice of Therapeutic Massage or Massage Therapy. For the purpose of this Section, "Massage" or "Massage Service" shall not apply to any duly licensed physician, surgeon, osteopath, chiropractor or to other persons duly licensed by the State to treat, manipulate, operate upon or prescribe for the persons or bodies of human beings and who are actually practicing said licensed profession or to graduate nurses, or to students of medicine, surgery, osteopathy, chiropractic or similar professional callings actually attending accredited schools.

"Massage Technician" or "Massage Practitioner"
- means any person, who, for any monetary form of consideration whatsoever, gives or administers to another person a massage as defined in this Section.
"Therapeutic Massage" or "Massage Therapy"
- means the practice of kneading or otherwise manipulating a person's muscles and other soft tissue with the intent of improving a person's well-being or health and preventing and alleviating pain, discomfort, muscle spasm, and stress.

C. Required Permits.
1. Conditional Use Permit.
  - a. Pursuant to CMC § 9172.21 , an application for a massage establishment shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit. Any facility used for massage service shall be available for City inspection subject to reasonable notice.
  - b. The City retains the right to inspect these massage establishments, at minimum on an annual basis, after issuance to ensure the owner's continued compliance with the Conditional Use Permit. The cost of such inspection should be paid by operator pursuant to a fee set forth in the City's fee schedule.
  - c. The Planning Commission retains the discretion to deny any application for a Conditional Use Permit where the massage establishment is within close proximity, as determined by the Planning Commission, to any adult business or establishment selling alcohol for on-site consumption, including bars and taverns.
2. Business License and Business Permit.
  - a. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a massage establishment, and no person shall manage a massage establishment, without first obtaining a valid business license and permit issued by the City Business License Division.
b. Each establishment providing massage services in a massage parlor must additionally obtain a valid massage parlor permit in compliance with CMC § 63134 , regardless of whether such person has a valid business permit for a massage establishment. In addition, no operator and/or manager shall employ or allow any person to work in the establishment as a massage technician who does not have a valid massage technician permit issued by the City Business License Division.
1. Massage Technician Permit.
  - a. No person shall work as a massage technician in a massage establishment without first having obtained a valid massage technician permit in accordance with CMC § 63135 . A valid massage technician permit shall be required for any person who offers to, engages in, conducts, or provides massage services from any location within the City whether in the capacity of an employee or an independent contractor.
  - b. A massage technician permit does not automatically authorize the operation or management of a massage establishment. Any person permitted to perform massage services who desires to operate or manage a massage establishment must apply separately and obtain a business license and a massage service permit.
D. Exceptions.
1. In addition to the exceptions included in CMC § 63134.4 and § 63134.5 , the required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to:
  - a. Any duly licensed physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such specialized profession in the State of California.
  - b. Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the State of California, who is an employee of and working under the direction of a physician, surgeon, chiropractor, or osteopath, duly licensed to practice their respective professions in the State of California. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California, whether or not employed by physicians, surgeons, or chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage or act as a massage technician.
  - c. Any person licensed to practice any healing art under the provisions commencing with Section 700 of the Business and Professions Code when engaging in such practice within the scope of such license.
  - d. Any person providing massages ancillary to a legitimate primary business which do not involve disrobing and are not administered in a room separate and apart from the legitimate primary business.
  - e. For the purpose of this Section, privacy panels and similar separation systems shall not constitute a separate room subject to the approval of the Planning Division. The massage activity pursuant to this paragraph shall be considered ancillary if it can be demonstrated that it does not comprise more than twenty-five (25) percent of the gross floor area of the overall business.

f. Hospitals, senior-citizen nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, and the employees of such facilities while working on the premises of such State-licensed facilities.

- g. Accredited high schools, junior colleges, trade schools, and colleges or universities whose coaches and trainers are acting within the scope of their employment. 

- h. Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in the Business and Professions Code Section **7300** et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the back, neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet. 

- i. Schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section **7362** et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Code Section **7395.1** .

Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including, proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies. Any facility used for massage service shall be available for City inspection subject to reasonable notice.

(Ord. 06-1349 § 3)