Cathedral City Municipal Code Ch. 5.33 Massage Therapy Permits

A. The purpose of this chapter is to protect the public's health and safety and the personal safety of massage therapists through the establishment of certain local permitting standards pertaining to massage therapy business activities within the city for those persons who have not obtained certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code and to recognize massage therapy as a legitimate business occupation and health enhancement service.

B. This chapter shall provide for the regulation and reciprocal permitting of massage therapy business activities throughout the city in conformance with applicable state laws and regulations pertaining to massage therapy.

C. This chapter is not intended to permit any of the following uses, conduct, and/or activities which are specifically prohibited under the following California Penal Code sections:

1. Section 266 subdivision (d) which prohibits receipt of money for placement of any person for purposes of cohabitation;

2. Section 266 subdivision (e) which prohibits the purchase of any person for purposes of prostitution or placement of any person for immoral purposes;

3. Section 266 subdivision (f) which prohibits the sale of any person for immoral purposes;

4. Section 266 subdivision (h) which prohibits pimping;

5. Section 266 subdivision (i) which prohibits pandering;

6. Section 314 which prohibits lewd or obscene conduct;

7. Section 315 which prohibits houses of ill-fame;

8. Section 316 which prohibits disorderly houses which disturb the immediate neighborhood;

9. Section 317 which prohibits places of prostitution;

10. Section 11225 which prohibits places of prostitution, places of lewdness, or places used as a bathhouse permitting conduct capable of transmitting AIDS; and

11. Section 647, subdivision (a) which prohibits lewd conduct.

D. This chapter is not intended to apply to cosmetologists, barbers, or to persons licensed to practice any healing under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code such persons are solely providing certain massage therapy services which are specifically exempted from local regulation pursuant to state law. This chapter, however, shall apply to those abovementioned practitioners who intend to provide any massage therapy services which are beyond the scope of the massage therapy services specifically exempted from local regulation by state law.

E. Nothing in this chapter is intended to permit any use, conduct and/or activity that violates any federal, state or local law or regulation.

(Ord. 513 § 3, 1999; Ord. 548 § 1, 2001; Ord. 688 § 1, 2010)

A. The city council finds that massage therapy is an integral component of the scope of services sought by residents and tourists when visiting the city of Cathedral City and the Coachella Valley.

B. The city council finds and determines that local licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists who have not obtained a massage therapist or massage practitioner certification recognized by the state (issued by the MTO) pursuant to Senate Bill No. 731, codified at Chapter 10.5 of Division 2 (commencing with Section 4600) of Division 2 of the California Business and Professions Code.

C. The city council further finds that public health and safety is best served by the adoption of the ordinance codified in this chapter.

(Ord. 688 § 1, 2010)

A. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this section:

"Applicant"

means the individual seeking a permit pursuant to this chapter.

"Business day"

means the days that the city of Cathedral City is open for doing business.

"Certification"

means a massage therapy certification recognized by the state (issued by the MTO), pursuant to Chapter 10.5 of Division 2 (commencing with Section 4600) of Division 2 of the California Business and Professions Code.

"Certified copy"

means 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.

"Certified statement"

means a written assertion, claim or declaration bearing the original signature of the issuer.

"City"

means the city of Cathedral City.

"City manager"

means the city manager of the city of Cathedral City.

"Client"

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

"Coachella Valley Model Massage Ordinance"

shall mean the Coachella Valley Model Massage Ordinance as approved in form by the Executive Committee of the Coachella Valley Association of Governments ("CVAG") and adopted by members of the CVAG.

"Communicable disease"

means tuberculosis, or any disease which may be transmitted from a massage therapist to a client through normal physical contact during the performance of any massage service as permitted under this chapter.

"Complete application"

means an application which provides all of the requisite information required to be provided by an applicant pursuant to this chapter and is accompanied by the requisite application deposit fees.

"Disqualifying conduct"

means any of the following when occurring within five years of any application made pursuant to this chapter:

Pandering as set forth in California Penal Code Section 266, subdivision (i);

Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in California Penal Code Section 316;

Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

Lewd conduct as set forth in California Penal Code Section 647, subdivision (a);

Prostitution activities as set forth in California Penal Code Section 647, subdivision (b);

Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b);

Any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy establishment owner or operator, or as a massage therapist;

Any felony the commission of which occurred on the premises of a massage therapy establishment;

Pimping as set forth in California Penal Code Section 266h;

Any misdemeanor or felony offense which violates any section in Chapters 1, 5, 5.5, 7.5, 7.6 or 8 of Title 9, Part 1 of the Penal Code;

Any violation of the municipal code pertaining to massage therapy.

"Employee"

means a person who works for any permittee, regardless of whether or not said person is paid a salary, wage or other compensation by the permittee.

"Establishment"

means any of the following: (1) the opening or commencement of a massage therapy related business as a new business or as an accessory use to an existing business, (2) the conversion of an existing business, whether or not it is a massage therapy business, to any other type of massage therapy business as defined in this chapter, (3) the relocation of any massage therapy business to any other location, or (4) the substantial enlargement of an existing massage therapy business.

"Filing date of application"

means the date on which the city determines that a complete application has been submitted to the city by the applicant.

"Full nudity or semi-nudity"

for purposes of this chapter, means any of the following: (1) the appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola, and/or (2) a state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

"Massage"

or "massage therapy" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body, excluding any specified anatomical area other than the gluteal region, with the hands or with the aid of any mechanical or electrical apparatus or appliances, 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 therapist"

means an individual who has obtained a permit as required by this chapter to engage in the practice of massage for compensation.

"Massage therapy establishment"

means any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business that has been issued a massage therapy establishment permit pursuant to this chapter.

"Massage therapy organization (MTO)"

means the voluntary state certification for the massage therapy profession, which is a nonprofit organization responsible for overseeing occupational and educational requirements for massage therapists, and issuing certifications for massage therapists meeting said requirements.

"Off-premises massage"

means a massage performed at a location that is not a massage therapy establishment for which a permit to operate as a massage therapy establishment has been granted by the city, as required by this chapter.

"On-site manager"

means the person who supervises, directs or manages the employees including, but not limited to, all massage therapists performing massage therapy services at a massage therapy establishment.

"Operator"

means any of the following: (1) the owner, (2) the permit holder, (3) custodian, (4) manager, or (5) person in charge of any massage therapy establishment.

"Outcall massage therapist"

means any individual who engages in or performs massages for consideration at an "off-premises" location (as that term is defined in this section) and who has been granted a valid massage therapist permit with an off-premises endorsement, as required by this chapter.

"Patron"

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

"Permit"

means a massage therapy permit as required by this chapter which is a written license to engage in the practice of massage for compensation, whether as a massage therapy establishment, an outcall massage therapist or a personal massage therapist authorized to perform massage therapy as an employee or independent contractor at a massage therapy establishment.

"Permittee"

means the person in whose name a permit to operate or perform certain massage therapy business activities has been issued pursuant to this chapter or pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code whether for the operation of a massage therapy establishment or an outcall massage therapy service or as a personal massage therapist.

"Person"

means any of the following: (1) an individual, (2) a proprietorship, (3) a partnership, (4) a corporation, (5) an association, or (6) any other legal entity.

"Personal massage therapist"

means any person who is permitted under this chapter to perform massage activities as an employee of a massage therapy establishment or an independent contractor at a massage therapy establishment.

"Physician's certificate"

means a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty calendar days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter.

"Police chief"

means the chief of the police department of the city.

"Reception area"

means the area of a massage therapy establishment where clients or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of said business, or otherwise check in for their massage therapy sessions.

"Reciprocal permit"

means a permit issued by the city based solely on the fact that the applicant holds a valid massage therapist permit issued by another city pursuant to the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG.

"Recognized school of massage"

means any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

"Specified anatomical area"

means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

"Specified sexual activities"

means any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, anus, or female breasts, (2) sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy, or (3) excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

"Stand-alone massage therapy establishment"

means a massage therapy establishment that is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business.

"Transfer of ownership or control of a massage therapy establishment"

means any of the following, whether voluntary or involuntary: (1) the sale, lease or sublease of the business, (2) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means, or (3) the establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

B. Where terms are not specifically defined in this chapter, in the municipal code, in any applicable statute, rule, code or regulation, or in any of the Uniform Codes adopted and incorporated by reference by the municipal code, they shall have the meanings set forth in their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation described in this chapter.

C. Words used in the singular include the plural and the plural the singular.

D. Words used in the masculine gender include the feminine and the feminine the masculine.

(Ord. 513 § 3, 1999; Ord. 548 § 2, 2001; Ord. 688 § 1, 2010)

The provisions of this chapter shall not apply to any of the following:

A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the state, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of said license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the state to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first obtaining a personal massage therapist permit pursuant to the provisions of this chapter.

B. Any treatment administered in good faith in any course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state of California or any other laws of the state.

C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the state, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes.

(Ord. 548 § 3, 2001; Ord. 688 § 1, 2010)

A. A person may operate, maintain, run, or manage a massage therapy establishment only if that person has been validly issued a massage therapy establishment permit by the city pursuant to this chapter for the subject massage therapy establishment. Notwithstanding the massage therapy establishment permit requirements in this subsection, the massage therapy establishment permit requirements in this subsection are not required if either: (1) the sole proprietor of the establishment possesses a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code; or (2) when the establishment employs or uses only persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

B. A person may perform, practice, administer, or conduct massages in exchange for money, gratuities, or any other legal consideration at a massage therapy establishment only if that person has been validly issued a personal massage therapist permit by the city pursuant to this chapter for the subject massage therapy establishment. Notwithstanding the personal massage therapist permit requirements in this subsection, the personal massage therapist permit requirements in this subsection are not required for persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

C. A person may operate, maintain, run, or manage an outcall massage therapy service only if that person has been issued a valid personal massage therapist permit with an off-premises endorsement. Notwithstanding the requirements in this subsection, the requirements in this subsection are not required for persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

D. When extra massage therapists are required for a one-day special event at a massage therapy establishment permitted to operate in the city pursuant to this chapter, the permittee shall complete a special event application as described in Section 5.33.050 of this chapter. Notwithstanding the requirements in this subsection, the requirements in this subsection are not required for persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

E. Unless specifically exempted by state law, the fact that a person possesses other types of permits and/or licenses does not exempt him or her from the requirement of obtaining a massage therapy permit to operate such a business in the city as set forth in this chapter.

F. The provisions set forth in this section apply to the "establishment," as defined in Section 5.33.020, of any massage therapy establishment or outcall massage therapy service operating or providing service within the city.

G. Persons shall submit complete applications to the city for any of the city-issued permits pursuant to this chapter, as applicable, within ten business days of the occurrence of any of the following events:

1. The state abandons the certification process issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code program cease to exist;

2. The MTO, or other state agency, revokes the permittee's certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code; or

3. The permittee's certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code lapses or otherwise becomes null or void.

H. All permittees must obtain a business license, as set forth in Section 5.33.090.

I. All buildings in which permittees practice massage must comply with all other applicable codes, including the Uniform Building and Fire Codes.

(Ord. 513 § 3, 1999; Ord. 548 § 4, 2001; Ord. 688 § 1, 2010)

A. Massage therapy establishments may be located as a stand-alone use or accessory use to a barbershop, day spa, or beauty parlor in any land use zone in which barbershops and/or beauty parlors are permitted or conditionally permitted provided that the proposed location of the massage therapy establishment is not located within three hundred feet from a parcel upon which a sexually oriented business is located which shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

B. Massage therapy establishments may be located in any land use zone in which hotel or resort hotel facilities are permitted or conditionally permitted provided that any such massage therapy establishment is operated as an accessory use to a hotel or resort hotel facility and the facility is not a clothing-optional facility.

C. Notwithstanding subsections A and B of this section, massage therapy establishments shall be allowed to be located in zones where other professional or personal services are located for persons who either are: (1) the sole proprietor of the establishment possesses a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code; or (2) when the establishment employs or uses only persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

Notwithstanding any other provision of this code to the contrary, when a massage establishment has been closed due to criminal activity, any new massage establishment wishing to open in the same location, the following provisions shall apply:

A. As part of the business license application process, the applicant and the on-site manager, if different from the applicant, shall be required to undergo a background check.

B. This provision shall apply to all business license applicants who wish to open a massage establishment in a location subject to this section, including both persons who possess a valid certification recognized by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code and persons who do not possess such certification.

C. The background check required under this chapter shall be conducted in the same manner as background checks conducted pursuant to Section 5.33.110(D). The applicant shall be required to complete all the same processes as if he or she were applying for a massage establishment permit pursuant to Section 5.33.110.

D. The applicant shall be required to pay all fees for the background check as required pursuant to Section 5.33.110(F).

(Ord. 760 § 2, 2015)

This section is limited by, and subject to the provisions in Section 5.33.030.

A. When extra massage therapists are required for a one-day special event at a massage therapy establishment pursuant to Section 5.33.030 of this chapter, the permittee shall complete a special events application. The application form shall be provided by the city and shall request the following information:

1. The name of the applicant;

2. The address of the special event;

3. A copy of the massage therapy establishment permit validly issued by the city pursuant to this chpter;

4. A list of the massage therapists who will be working at the special event;

5. Copies of each massage therapist's diploma or certificate of graduation from a recognized school of massage verifying that the massage therapist has completed at least three hundred hours of massage therapy training;

6. Copies of any validly issued massage therapy license or permit the participating massage therapists may have from other cities;

7. A declaration signed under penalty of perjury by each participating massage therapist that he or she does not have any communicable disease which is capable of being transmitted to clients through the kind of physical contact normally associated with the massage activities described in this chapter;

8. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any of the following: (a) pandering as set forth in California Penal Code Section 266i, (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647, subdivision (a), or (f) prostitution activities as set forth in California Penal Code Section 647, subdivision (a) or (b);

9. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266i, 315, 316, 318, or 647 (a) or (b);

10. A declaration signed under penalty of perjury by each participating massage therapist that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

11. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058; and

12. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058.

B. Each participating massage therapist shall provide the city with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant.

C. All of the above information shall be submitted to the city at least seven calendar days before the date of the special event.

D. The applicant shall pay an application deposit fee in an amount as established from time to time by the city council, for each one-day permit at the time of filing an application pursuant to this section. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city manager before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

E. Grounds for denial of the special event permit shall include any of the grounds for denial set forth in Section 5.33.150(A) or grounds for suspension and revocation set forth in Section 5.33.430(B).

F. The decision of the city manager or designee shall be final.

G. Nothing in this section shall be construed to permit such massage therapist to perform or conduct any massage therapist activities at any other location in the city at any other time, unless such massage therapist has obtained a validly issued massage therapist permit pursuant to this chapter.

H. Special event permittees, including independent contractors, must obtain a business license.

I. Special events are subject to special use permits, as applicable in this code.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. Upon a finding of good cause therefor, the city manager or designee may issue a temporary permit to any person who possesses a valid permit issued by any other governmental entity pursuant to requirements that are similar to those set out in this chapter, including the training, physical clearance, fingerprinting and background investigation requirements.

B. Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Said request shall be submitted to the city manager, or designee, together with the following:

1. A certified copy of a valid permit issued by any other jurisdiction;

2. A certified copy of the provisions of the ordinance or other local law pursuant to which the permit was issued by said other jurisdiction;

3. Proof of identification; and

4. A nonrefundable application deposit fee in an amount as established from time to time by the city council.

C. All temporary permits shall automatically expire thirty calendar days after the date of issuance of the subject temporary permit. The city manager, or designee, shall have the discretion to extend the term of any temporary permit an additional thirty calendar days provided that the entire term of the subject temporary permit does not exceed a total period of ninety calendar days.

D. The city manager, or designee, may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and intent of this chapter is met.

E. The provisions of this section do not apply to massage therapist(s) who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

(Ord. 513 § 3, 1999; Ord. 548 § 5, 2001; Ord. 688 § 1, 2010)

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

No certificate of occupancy shall be issued for any newly constructed structure or substantial enlargement of a structure that will contain a massage therapy establishment until a massage therapy establishment permit has been validly issued for the subject premises pursuant to this chapter.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A business license is required for all persons engaging in the practice of massage in the city, pursuant to Title 5, Chapter 5 of this code.

A. No business license shall be issued to any person for any massage therapy business unless such person has first obtained a validly issued massage therapy establishment permit pursuant to this chapter, or a valid certification recognized by the state (issued by the MTO), pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

B. No business license shall be issued to any person operating a personal massage therapist business unless such person has first obtained a validly issued personal massage therapist permit from the city pursuant to this chapter or a valid certification recognized by the state (issued by the MTO), pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

C. No business license shall be issued to any person operating an outcall therapist business unless such person has first obtained a validly issued personal massage therapist permit with an off-premises endorsement from the city pursuant to this chapter or a valid certification recognized by the state (issued by the MTO), pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

(Ord. 513 § 3, 1999; Ord. 548 § 6, 2001; Ord. 688 § 1, 2010)

Subject to the limitations and provisions set forth in Section 5.33.030, the city manager or designee shall be responsible for granting or denying all massage therapy establishment permits, all personal massage therapist permits, and all off-premises endorsements and such permits and endorsements shall only be granted or denied pursuant to the provisions described herein or any other applicable law.

(Ord. 513 § 3, 1999; Ord. 548 § 7, 2001; Ord. 688 § 1, 2010)

This section is limited by, and subject to the provisions in Section 5.33.030.

A. An application for a massage therapy establishment permit shall be made on a form provided by the city.

B. The following information and the following documents must be submitted with all applications for massage therapy establishment permits:

1. If the applicant is:

a. An individual, the applicant shall provide his or her legal name, any aliases, and date of birth,

b. A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, any aliases, and dates of birth,

c. A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, dates of birth and capacity of all officers;

2. The name of the business;

3. The name of the prospective on-site manager, if different from the applicant;

4. The location of the proposed massage therapy establishment, including a legal description of the property, street address, and telephone number(s) currently in service;

5. The applicant's home and/or business address and the home and/or business address of the prospective on-site manager if other than the applicant;

6. A recent photograph of the applicant and the prospective on-site manager if other than the applicant;

7. Driver's license number or identification number of the applicant and the prospective on-site manager if other than the applicant;

8. The applicant's and the prospective on-site manager's, if other than the applicant, fingerprints taken by the police department or other law enforcement agency within the previous sixty calendar days and approved by the police chief;

9. The applicant's and the prospective on-site manager's, if other than the applicant, social security numbers and/or state or federally issued tax identification number;

10. The previous addresses of applicant and the prospective on-site manager, if other than the applicant, for the ten years prior to the date of the application and the dates of residency at each such address;

11. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant and prospective on-site manager, if other than the applicant, for the ten years prior to the date of the application and the dates the applicant and the prospective on-site manager owned, operated or managed such business;

12. If the application is for a stand-alone massage therapy establishment, a sealed certified transcript and a certified copy of the applicant's or prospective on-site manager's (if other than applicant) diploma or certificate of graduation from a recognized school of massage verifying that the applicant has completed at least seven hundred hours of massage therapy training;

13. A list of all of applicant's and prospective on-site manager's, if the on-site manager is different from the applicant, convictions excluding traffic violations;

14. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any of the following: (a) pandering as set forth in California Penal Code Section 266i, (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647, subdivision (a), or (f) prostitution activities as set forth in California Penal Code Section 647, subdivision (b);

15. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647, subdivision (a) or (b);

16. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant is not required to register as a sex offender as set forth in California Penal Code Section 290;

17. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

18. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

19. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has had a previous massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit or any other massage permit issued pursuant to this chapter or any other similar massage permit ordinance of the city or other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment for which the license or permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;

20. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has been a sole proprietor, general partner, officer, or director of any massage establishment or other massage business that has had a previous massage establishment permit or other massage permit issued pursuant to this chapter or any other similar massage ordinance of the city or other jurisdiction which was denied, suspended or revoked, and if any such denial, suspension or revocation occurred the declarant shall provide the name and location of the massage establishment or business for which the permit was denied, suspended or revoked the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;

21. A certified statement from the real property owner authorizing the proposed use of the premises as a massage establishment;

22. A sketch or diagram showing the configuration of the premises of the massage establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the massage establishment;

23. A drawing or other document showing the location of all fire extinguishers.

C. The applicant shall provide proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.

D. The applicant and the prospective on-site manager, if other than the applicant, shall provide the city with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and to determine whether applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit.

E. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

F. The applicant shall pay an application deposit fee in an amount as established from time to time by the city council, at the time of filing an application pursuant to this chapter to pay for the administrative costs associated with the city planner's review of the application and the fingerprinting costs and background investigation costs of the police department. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city planner before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 513 § 3, 1999; Ord. 554 § 1, 2001; Ord. 688 § 1, 2010)

A. This section is limited by, and subject to the provisions in Section 5.33.030.

B. Subject to subsection A of this section, if an applicant does not hold a current personal massage therapist permit issued by another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG, application for issuance of a personal massage therapist permit by the city shall be made, under oath, on a form provided by the city. The following information and the following documents shall be included with the submission of all such applications:

1. The applicant's legal name, any aliases and date of birth;

2. A certified letter of intent to employ from the operator of a massage therapy establishment lawfully operating within the city. Each such letter shall verify that the operator of the massage therapy establishment has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage therapy at that facility;

3. The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different;

4. Written evidence that the applicant is at least eighteen years of age;

5. The previous home addresses of applicant for the ten years prior to the filing date of the application and the dates of residency at each such address;

6. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant of the ten years prior to the filing date of the application and the dates applicant owned, operated or managed each such business;

7. Employment history for the ten years prior to the date of application, and all massage or similar business history and experience;

8. Two front-face portrait photographs taken within thirty calendar days of the date of application, at least two inches in size;

9. Applicant's weight, height, color of hair and eyes, and sex;

10. Applicant's driver's license number or identification number;

11. Applicant's fingerprints taken within the previous sixty calendar days by an agency approved by the city manager or designee;

12. Applicant's social security number and/or state or federal issued tax identification number;

13. Proof, in the form specified here, that applicant is (a) a graduate of a recognized school of massage or (b) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by said board. Proof of graduation from a recognized school of massage shall require both of the following:

a. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage, and

b. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least three hundred hours of massage therapy training. If the application is submitted concurrently with an application for an off-premises endorsement, the minimum hours of training shall be as set out below for an off-premises endorsement application;

14. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty calendar days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter;

15. A list of all of applicant's convictions, excluding traffic violations;

16. Statement of whether or not the applicant has ever been convicted of any disqualifying conduct;

17. Statement of whether or not applicant is required to register as a sex offender pursuant to California Penal Code Section 290;

18. Statement of whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation;

19. Statement of whether or not applicant has been a sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by an entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation and the reason(s) for the denial, suspension or revocation;

20. Authorization for the city manager or designee to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested personal massage therapist permit;

21. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct;

22. The applicant shall pay a nonrefundable application deposit in an amount as established from time to time by the city council, at the time of filing an application to defray the costs of administering this chapter.

(Ord. 513 § 3, 1999; Ord. 548 § 8, 2001; Ord. 688 § 1, 2010)

A. The requirements in this section are not required for persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

B. If an applicant does not hold a current permit with an off-premises endorsement issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG, application for an off-premises endorsement to a personal massage therapist permit issued by the city shall be made, under oath, on a form provided by the city. The following information, documents and other requirements shall be included with the submission of all such applications:

1. The applicant's legal name;

2. A copy of the applicant's personal massage therapist permit issued pursuant to this chapter, or reciprocal permit, if application therefor is not submitted concurrently;

3. Proof, in the form specified here, that applicant is (i) a graduate of a recognized school of massage or (ii) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by said board. Proof of graduation from a recognized school of massage shall require both of the following:

a. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage, and

b. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least five hundred hours of therapy training;

4. Authorization for the city manager or designee to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested off-premises endorsement;

5. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct;

6. The applicant shall pay a nonrefundable application deposit which shall be an amount established by the city council, at the time of filing an application for an off-premises endorsement to defray the costs of administering this chapter, which fee shall be in addition to any other permit application fees.

(Ord. 513 § 3, 1999; Ord. 548 § 9, 2001; Ord. 688 § 1, 2010)

A. If an applicant holds a current massage therapist permit issued by any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG, then application for a reciprocal massage therapist permit, at his or her option may make submission, to the city manager or designee, of all of the following:

1. A certified copy of a current massage therapist permit issued, pursuant to the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG, by any other jurisdiction;

2. A certified copy of the original and all renewal applications related to the massage therapist permit issued by any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG; and

3. A nonrefundable application fee in an amount as established from time to time by the city council, to defray costs of administering this chapter.

B. If the massage therapy permit submitted in support of an application for a reciprocal permit includes an off-premises endorsement, the application shall be deemed an application for both a personal massage therapist permit and an off-premises endorsement and no further documentation, information or fees shall be required in order to apply for an off-premises endorsement to the reciprocal permit.

(Ord. 548 § 10, 2001; Ord. 688 § 1, 2010)

A. All applications shall be submitted to the city manager, or designee.

B. Upon receipt of an application and payment of the nonrefundable application deposit fee, the city manager or designee shall immediately stamp the application as received on that date. Within thirty calendar days thereafter, the city manager, or designee, shall notify the applicant if the application is deemed complete. Any subsequent submission shall be deemed a new application.

C. Upon receipt of a completed application, the city manager, or designee, shall cause an investigation to be made by the appropriate individuals or departments as determined by the city manager or designee to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations.

D. Each department or division to which the application is submitted by the city manager, or designee, shall respond in writing to the city manager, or designee.

E. The city manager, or designee, shall grant or deny an application within thirty business days of the receipt the city having received any and all responses from all agencies that are necessary to respond to the inquiries in the applicant's application. The city manager, or designee, shall grant or deny a reciprocal permit or a renewal application within thirty business days of the city having received any and all responses from all agencies that are necessary to respond to the inquiries in the applicant's application.

(Ord. 513 § 3, 1999; Ord. 548 § 11, 2001; Ord. 688 § 1, 2010)

A. An application for a massage therapy establishment permit shall be denied upon a showing of any of the following:

1. The location of the business does not comply with all applicable zoning laws or the provisions of this chapter;

2. The configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the Federal Government, state of California, county of Riverside or ordinance of the city of Cathedral City, including those set forth in this chapter;

3. The applicant or the prospective on-site manager, if other than the applicant, is not eighteen years of age or older;

4. The application contains false information;

5. The applicant did not submit either (a) a diploma or certificate of graduation or equivalent documentation from a recognized school of massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or (b) therapeutic massage and bodywork credentials issued by the National Certification Board of Therapeutic Massage and Bodywork;

6. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application;

7. The applicant or the prospective on-site manager, if other than the applicant, has been convicted of disqualifying conduct;

8. The applicant, or the prospective on-site manager, if other than the applicant, is required to register as a sex offender as set forth in California Penal Code Section 290;

9. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application.

B. An application for a city-issued personal massage therapist permit shall be denied if the city manager or designee finds that, in the case of an application for a reciprocal permit, the massage therapist permit or off-premises endorsement that the applicant alleges to have been issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, or pursuant to an ordinance that has similar standards and regulations adopted by a member of CVAG, is not valid and/or current. In all other cases, the application shall be denied if the city manager or designee finds any of the following:

1. The applicant is not eighteen years of age or older;

2. The application contains false information;

3. The applicant did not submit either (a) a diploma or certificate of graduation or equivalent documentation from a recognized school of massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or (b) therapeutic massage and bodywork credentials issued by the National Certification Board of Therapeutic Massage and Bodywork;

4. The applicant has been convicted of disqualifying conduct;

5. The applicant is required to register as a sex offender as set forth in California Penal Code Section 290;

6. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application; or

7. The application is incomplete or any required information or document has not been provided with the application.

C. If the city manager or designee denies the application for city-issued massage permit, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

D. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.

(Ord. 513 § 3, 1999; Ord. 548 § 12, 2001; Ord. 688 § 1, 2010)

The city manager shall issue the permit if there are no grounds to deny the permit as set forth in Section 5.33.150.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. During the effective duration of any permit issued pursuant to this chapter, the permittee shall update, correct or supplement the information contained in the application therefor on file with the city when necessary to keep the information contained therein current and accurate.

B. Where reference is made herein to any statute or other law, said reference shall include any subsequent amendment or superseding provision thereto.

C. The fees and fines and other sums set forth in this chapter shall be in effect until the city council shall, by resolution, fix some other rate based upon a cost factor.

(Ord. 513 § 3, 1999; Ord. 548 § 14, 2001; Ord. 688 § 1, 2010)

This section is limited by, and subject to the provisions in Section 5.33.030.

A. All city-issued permits shall expire one year from the date they are issued, except that an off-premises endorsement shall expire concurrently with the corresponding massage therapist permit.

B. Applications for renewal of a city-issued permit shall be made thirty calendar days prior to the expiration date of the city-issued permit. As necessary to update the information contained within the last application or renewal thereof, application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the city remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required except as follows:

1. Renewal of a Reciprocal Permit.

a. Where the applicant seeks to renew a reciprocal permit, application for renewal shall include evidence that the underlying massage therapist permit has been renewed by the issuing jurisdiction and that it remains valid and current;

b. For renewal of a reciprocal permit, permittee shall pay a nonrefundable renewal application deposit fee in an amount as established from time to time by the city council, to help defray the expense of administering this chapter;

c. A reciprocal permit shall not be renewed if the underlying massage therapist permit has expired and has not been renewed, or the underlying permit has been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied because the underlying permit is no longer valid, permittee shall submit a new application and comply with all submission requirements set out in Section 5.33.120 for a personal massage therapist permit. All such applications shall include an explanation of the reason why the reciprocal permit is no longer valid.

2. Renewal of Original Personal Massage Therapist Permits.

a. For renewal of an original personal massage therapist permit, permittee shall include a current physician's certificate, as defined above, with his or her renewal application;

b. For renewal of a city-issued original personal massage therapist permit, permittee shall also pay a nonrefundable renewal application deposit fee in an amount as established from time to time by the city council, at the time of filing the renewal application to help defray the expense of administering this chapter.

(Ord. 513 § 3, 1999; Ord. 548 § 15, 2001; Ord. 688 § 1, 2010)

Representatives of the city including, but not limited to representatives of the police department, community development department, fire department, health department and divisions thereof, may inspect the premises of a massage therapy establishment for the purposes of insuring compliance with the law at any time said establishment is occupied or open for business pursuant to the inspection provisions set forth in Chapter 13.50 of the municipal code.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

All off-street parking locations entrances and exits provided for or belonging to the massage therapy establishment shall be illuminated from dusk to closing hours with a lighting system that provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the name of the massage therapy establishment.

B. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the hours of operation of the massage therapy establishment.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

All building openings, entries, windows, etc., of a massage establishment shall be located, covered or screened in such a manner as to prevent an obstructed view from the exterior of the building into dressing rooms, massage therapy rooms, restrooms, and other areas where patrons of the business may not be fully clothed.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. The massage therapy establishment permit shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

B. A copy of the personal massage therapy permit for each personal massage therapist shall be kept on file on the premises of the massage establishment, or a copy of a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

C. A copy of each diploma or certificate of graduation for each personal massage therapist shall be kept on file on the premises of the massage establishment.

D. A recent photograph of each personal massage therapist shall be kept on file on the premises of the massage establishment.

E. A list of massage therapy services available at the massage establishment, a description of services in readily understandable language, and the cost of such services shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

At least one artificial light providing a lighting intensity of not less than thirty foot candle power at floor level shall be installed in the reception area.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. At least one artificial light providing a lighting intensity of not less than twenty foot candle power at floor level shall be installed in each massage therapy room.

B. There shall be no locks on any massage therapy room or any other device which impedes or obstructs access to the massage therapy room. Notwithstanding the requirements in this subsection, the requirements in this subsection are not required if either: (1) the sole proprietor of the establishment possesses a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code; or (2) when the establishment employs or uses only persons who possess a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

C. There shall be walls installed between each massage therapy room and such walls shall contain no openings other than doors between adjacent rooms.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear a badge that identities his or her first or last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the massage therapy establishment through which the massage therapy services were arranged, and the identity of the city manager or designee at the city through whom the therapist was issued his or her qualifying personal massage therapist permit.

B. All massage therapists shall have in their possession a valid personal massage therapy permit issued pursuant to this chapter or a copy of a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, as well as valid identification at all times that he or she is performing or offering to perform massage therapy services within the city.

C. All massage therapists shall wear non-transparent outer garments covering all specified anatomical areas while performing or offering to perform any massage therapy services.

(Ord. 513 § 3, 1999; Ord. 548 § 16, 2001; Ord. 688 § 1, 2010)

A. Massage therapy establishments are prohibited from operating between the hours of ten-thirty p.m. and seven-thirty a.m.

B. Permittees shall be prohibited from permitting clients to remain on the premises of the massage establishment after closing hours.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. Only one client shall be permitted in a room containing a shower stall, bath stall or toilet facility at any one time unless otherwise permitted by any applicable local, state, or federal law or regulation or accompanied by a massage therapist for massage therapy purposes.

B. Each room containing a shower, bath and/or toilet shall have a door that is self closing and locking.

C. An artificial light providing a lighting intensity of not less than thirty foot candle power at floor level shall be installed in any room containing a shower, bath and/or toilet.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. The premises of the massage therapy establishment shall have adequate equipment for disinfecting and/or sanitizing non-disposable instruments and materials used in administering massages.

B. All nondisposable instruments and materials shall be disinfected and/or sanitized after each use on each client.

C. All walls, ceilings, floors, showers, bathtubs, water basins, toilets, and all other facilities must be maintained in good repair and in a clean and sanitary condition and be located within the massage establishment.

D. All showers, bathtubs, water basins, and toilets shall be thoroughly cleaned at least once each day the massage therapy establishment is in operation.

E. Water basins with hot and cold running water from a potable source and soap dispensers shall be available to clients.

F. A trash receptacle shall be provided in each massage therapy room and any room containing a shower, bathtub, water basin and/or toilet.

G. Bathtubs shall be thoroughly cleaned after each use.

H. All clients shall be provided clean and sanitary towels, sheets and linens.

I. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered.

J. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked "clean linen" and "soiled linen."

K. Massage table cover pads that come into contact with the body of a client shall be clean.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

Loudspeakers or sound equipment shall not be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building or leasable space in which the use is conducted.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

Should there not be a bathroom or a private room to conduct massages, to protect the personal safety and security of patrons, all massage establishments shall provide a separate dressing room in which patrons can change clothes.

(Ord. 688 § 1, 2010)

To protect the personal safety and security of patrons and to reduce the incidence of vandalism and theft, all massage establishments shall provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge.

(Ord. 688 § 1, 2010)

A. It is unlawful for any massage therapist, any patron, or any other persons present where massage therapy services are being offered or performed, to expose or touch any specific anatomical areas, whether his or her own, or those of another person.

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

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

D. No person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minor's parent or legal guardian.

E. No permittee shall provide or offer to provide massage therapy services under any name not specified in the qualifying permit or a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

F. No massage therapist permittee shall perform or offer to perform massage therapy services at any site other than a lawfully operating massage therapy establishment unless the permittee's massage therapist permit includes an off-premises endorsement, unless the permittee maintains a valid certification recognized by the state (issued by the MTO) pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

G. No permittee shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service.

H. No permittee shall transfer or assign any permit issued pursuant to this chapter to another person or entity.

I. No massage therapy establishment permittee shall permit any patron to be administered any massage services without the patron first being informed of the services to be performed and the cost of each such service. It will be presumed that patrons are informed of the cost of each service if a notice listing all available services and the charges for each is posted so as to be readily visible to patrons upon entry into the facility.

J. No massage therapy establishment permitted shall employ a person under eighteen years of age.

(Ord. 513 § 3, 1999; Ord. 548 § 20, 2001; Ord. 688 § 1, 2010)

It shall be unlawful for a permittee to transfer ownership of any permit validly issued pursuant to this chapter.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

It shall be unlawful for a permittee to relocate any business operating pursuant to this chapter without receiving a permit pursuant to this chapter.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

It shall be unlawful for an establishment to change its on-site manager without submitting a new massage establishment permit application pursuant to this chapter.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

Whenever a reference is made to any part of the municipal code or to any ordinance of the city, reference applies to all amendments and additions now or hereafter made.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

All uses and permits associated with this chapter shall be subject to Chapter 9.66, the Nonconforming Use chapter of this code, as may be amended from time to time.

(Ord. 513 § 3, 1999; Ord. 688 § 1, 2010)

A. Any permit issued pursuant to this chapter shall be revoked or suspended subject to the manner and process as set forth in Chapter 13.150 of this code. The hearing officer may, but is not required to use the following findings for suspension or revocation:

1. The massage business or service is conducted in a manner that does not comply with all applicable laws, including, but not limited to, this chapter and the city's building, zoning and health regulations;

2. The permittee is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in California Penal Code Section 290;

3. The permittee failed to keep current and accurate the information contained in the permit application;

4. Information contained in the approved application is inaccurate;

5. Any patron of the permittee contracts any communicable disease during the course of any services offered by the permittee;

6. The permittee, or any applicant for permit, refuses to allow representatives of the city or the city manager or designee to inspect business records of the permittee, or any premises utilized by the permittee for massage therapy services;

7. The permittee fails to comply with any of the provisions of this chapter; or

8. The permittee has ceased to meet any of the requirements for issuance of the permit.

B. Notwithstanding or if the city manager or any department head or designee discovers any serious violation of this chapter or state law which constitutes an imminent threat to public health, safety, or welfare, including, but not limited to, prostitution, any massage establishment permit or personal massage therapist permit may be summarily suspended pursuant to the procedures set forth in this subsection. Such suspension may only be authorized if it furthers a compelling public interest.

1. Upon discovery of any such serious violation which constitutes an imminent threat to public health, safety or welfare requiring summary permit suspension, the city manager, authorized department head or designee making such determination shall prepare and serve on the permittee via the most reasonable and effective method under the circumstances a notice of summary suspension. The notice of summary suspension shall state that such suspension is effective immediately upon service and explain the specific facts which have been observed which require immediate suspension. The notice of summary suspension shall also give the date and time of a hearing before the city manager or designee through which the permittee may appear and present any evidence or testimony to contest the suspension.

2. A hearing shall be scheduled on the next business day following issuance of a notice of summary suspension before the city manager or designee regarding the suspension unless the permittee requests a later date, which request shall be granted upon a showing of good cause. At the hearing, the department head or designee who issued the notice of summary suspension shall present all evidence and testimony to establish the facts and serious nature of the violation requiring such summary suspension. The permittee shall be permitted to present any evidence or testimony, written or oral, to the city manager or designee to disprove the findings or conclusion, on which the notice of summary suspension was based. The permittee shall also be permitted to challenge any evidence presented in support of the notice summary suspension was based.

3. In order to continue the suspension following the hearing, the city manager or designee must find and determine, by clear and convincing evidence following the hearing, the existence of the alleged violations and that such violations constitute an imminent threat to the public health, safety, or welfare, which require immediate action. The city manager or designee must further find that any summary suspension will protect the public from injury.

If such clear and convincing evidence is lacking, the city manager or designee shall immediately revoke the summary suspension order. The city manager or designee shall issue a written ruling confirming all findings and determinations made at the hearing and specifying the length of the suspension, as soon as practicable thereafter.

4. The city manager's ruling must be given orally immediately following the hearing and memorialized in writing with supporting findings within two business days.

5. In the event the city manager or designee sustain the summary suspension, such suspension shall be effective for no more than twenty-one calendar days. The subject permit may be further suspended or revoked only following a full hearing with notice as required by subsection A of this section.

(Ord. 513 § 3, 1999; Ord. 548 § 21, 2001; Ord. 688 § 1, 2010; Ord. 695 § 1, 2010)

Any violation of Sections 5.33.030, 5.33.180, 5.33.210, 5.33.220, 5.33.230, 5.33.240, 5.33.250, 5.33.260, 5.33.280, 5.33.290, 5.33.300, 5.33.310, 5.33.320, or 5.33.360 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80 of this code.

(Ord. 513 § 3, 1999; Ord. 548 § 22, 2001; Ord. 688 § 1, 2010)

Any violation of Sections 5.33.180, 5.33.210, 5.33.220, 5.33.230, 5.33.240, 5.33.250, 5.33.260, 5.33.280, 5.33.290, 5.33.300, 5.33.310, 5.33.320, or 5.33.360 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 13.65 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 513 § 3, 1999; Ord. 548 § 23, 2001; Ord. 688 § 1, 2010; Ord. 695 § 2, 2010)

A. Any person convicted of an infraction, for each separate violation of Sections 5.33.030, 5.33.180, 5.33.210, 5.33.220, 5.33.230, 5.33.240, 5.33.250, 5.33.260, 5.33.280, 5.33.290, 5.33.300, 5.33.310, 5.33.320, or 5.33.360 of this chapter, shall be subject to: (1) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (2) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period from the date of the first offense; and (3) a fine in an amount not to exceed seven hundred fifty dollars for a third conviction of the same offense within a twelve-month period from the date of the first offense.

B. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date from the first offense shall be one thousand dollars.

(Ord. 513 § 3, 1999; Ord. 548 § 24, 2001; Ord. 688 § 1, 2010)

A. In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58 of this code, to any person responsible for committing, causing or maintaining the subject violation.

B. The city may issue an administrative citation, pursuant to Chapter 13.58 of this code, to any person responsible for committing, causing or maintaining a violation of Sections 5.33.030, 5.33.180, 5.33.210, 5.33.220, 5.33.230, 5.33.240, 5.33.250, 5.33.260, 5.33.280, 5.33.290, 5.33.300, 5.33.310, 5.33.320, or 5.33.360 of this chapter.

C. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.

(Ord. 513 § 3, 1999; Ord. 548 § 25, 2001; Ord. 688 § 1, 2010)

Note: Former § 5.33.480, Administrative fine, derived from Ord. 513; Ord. 548 and Ord. 688 was repealed by Ord. 892, 10/22/2025.

Any person found in violation of Section 5.33.030(A), (B), (C), or (D), Section 5.33.070, or Section 5.33.080, shall be guilty of a misdemeanor.

(Ord. 688 § 1, 2010)

A. Any violation of Sections 5.33.030(A), (B), (C), or (D), 5.33.180, 5.33.210, 5.33.220, 5.33.230, 5.33.240, 5.33.250, 5.33.260, 5.33.270, 5.33.280, 5.33.290, 5.33.300, 5.33.310, 5.33.320 or 5.33.360 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter of the municipal code shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150 of the municipal code.

B. Nothing in this chapter shall preclude the city from pursuing other remedies provided by Chapter 13.140 of the municipal code, including but not limited to, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 513 § 3, 1999; amended during 11/01 supplement; Ord. 688 § 1, 2010)