Ceres Municipal Code Ch. 16 Massage Establishments

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant means a person who is required to file an application for a permit under this chapter, including a masseur, masseuse, instructor, trainee, individual owner, managing partner, managing officer of a corporation, or any other operator, manager or employee of a massage establishment or school of massage.

Baths means the giving or furnishing of Russian, Finnish, Swedish, hot-air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, or electric baths or baths of any kind whatever, excluding ordinary tub baths or showers where an attendant is not required.

Bona fide nonprofit organization means any fraternal, charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual, social, mental, political, and civic welfare to which admission is limited to the members and guests and revenue accruing therefrom is to be used exclusively for the purposes of said organization, and which organization or agency is exempt from taxation, under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization and in which any massage or bath services provided are incidental to its primary operation.

California Massage Therapy Council (CAMTC) means the state organized nonprofit organization created to regulate the massage industry set forth in Cal. Bus. & Prof. Code division 2, chapter 10.5 (commencing with section 4600).

CAMTC certificate means a current and valid certificate issued by the California Massage Therapy Council to a massage technician.

Health officer means the designated health official within the City's Building Department.

Instructor means a person employed by a school of massage for the purpose of teaching and/or demonstrating courses in said school.

Massage means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of a human body with the use of the hands, arms, or other portion of another human body, with or without the aid of any mechanical or electrical apparatus or appliances and with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used on the human body. "Massage" shall also include the giving of any baths as listed under "bath" of this section.

Massage establishment means any establishment having a fixed place of business where any person, firm, partnership, association, corporation or combination thereof engages in, carries on, or permits to be engaged in or carried on, any massage techniques for compensation or any other consideration. This includes any establishment engaged in, carrying on, or permitting any combination of massage or bodywork or bathhouse.

Massage practitioner means any person who for any consideration whatsoever engages in the practice of massage or bodywork techniques as defined in this section, unless otherwise exempted. The terms "massage therapist," "massage technician," or any other terms used within the massage industry are included within this definition for the purposes of this chapter.

Massage techniques means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of another human body with the use of hands, arms, or other portions of the body, or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. This includes giving baths where an attendant is present.

Masseur or masseuse means any person who, for any consideration whatsoever, engages in the practice of massage as defined in this section unless otherwise excepted.

Out-call massage service means to engage in or perform massage or bodywork for a fee or other consideration at a location other than a duly licensed massage or bodywork establishment or school of massage.

Owner means any of the following individuals:

1. The sole practitioner of a sole proprietorship operating a massage establishment.

2. Any general partner of a general or limited partnership that owns a massage establishment.

3. Any person who has ten percent or greater ownership interest in a corporation that owns a massage establishment.

4. Any person who is a member of a limited liability company that owns a massage establishment.

5. All owners of any type of business entity that owns a massage establishment.

6. Any person identified as an owner on a massage establishment permit.

Patron means a customer receiving massage or bodywork services in exchange for consideration.

School of massage means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than 180 class hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to Education Code section 29007.5.

Trainee means a person accepted for enrollment in a course of study leading to a degree or certificate of graduation from a school of massage in the State of California.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The City recognizes that massage is a viable professional field offering services with public health and therapeutic benefits. The purpose of this chapter is to regulate massage and bodywork businesses within the City as is necessary to protect the health, safety and welfare of City residents.

The regulations created in this chapter are pursuant to California Government Code section 51030 et seq. and California Business and Professions Code section 4600 et seq. These regulations are meant to ensure that massage establishments within the City are operated in a safe, professional, and lawful manner. It is the purpose of the City that these regulations ensure massage practitioners within the City have the proper skill and experience to provide safe and sanitary services. It is also the purpose of this chapter to create health and safety standards to ensure the safety of massage establishment patrons in the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. It is unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, in or upon any premises within the City the business of providing massage, for any compensation, without being in the possession of a valid California Massage Therapy Council (hereinafter "CAMTC") certificate.

B. It shall be unlawful for a massage establishment to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is a CAMTC certified massage professional.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No person shall conduct, or permit the operation of a massage establishment on their premises, without first having obtained a massage establishment permit issued by the City. It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to any person who was not identified as an owner in the massage establishment permit application. If a massage business is sold, the new owner must apply for a license for that location before conducting business as a massage establishment. Upon the sale of a massage business, the current permittee shall notify the Finance Department of the sale.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Chief of Police, or designee, shall have the power and authority to promulgate rules, regulations, and requirements that are consistent with the provisions of this chapter and applicable State law to investigate, issue, suspend, or revoke massage establishment permits.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Every person who proposes to maintain, operate, or conduct a massage establishment or a school of massage in the City shall file an application with the City Clerk upon a form provided by the City and shall pay a filing fee of an amount established by the City Council, which may be amended from time to time by resolution, and which shall not be refundable.

B. Every person who proposes to be employed by a massage establishment or a school of massage, every person who proposes to engage in the practice of massage, and every person who proposes to be an instructor or trainee in a school of massage shall file an application with the City Clerk upon a form provided by the City and shall pay a filing fee of an amount established by the City Council, which may be amended from time to time by resolution, and which shall not be refundable.

C. A permit, when issued, shall state whether it is for a massage establishment, for a school of massage, for a massage practitioner or trainee, for a massage establishment or school of massage employee who is not authorized to perform a massage, or for an instructor or trainee in a school of massage.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. All applications for permits for massage establishments or schools of massage shall be referred to the Building Official, the Fire Chief, the Director of Community Development, and the Chief of Police who shall make written recommendations to the City Clerk concerning compliance with the laws and ordinances that they administer and enforce.

B. All other applications shall be referred to the County Health Inspector and Chief of Police or designee for their written recommendations to the City Clerk concerning compliance with the laws and ordinances that they administer and enforce.

C. The Chief of Police or designee shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. An applicant for a massage establishment permit must be the owner of the massage establishment. Any applicant seeking a massage establishment permit must file a written application, with the required forms and documentation, to the Chief of Police. The application shall include a nonrefundable filing fee and nonrefundable facility review plan fee. The application must include the following information:

1. The exact name of the businesses under which the business of the massage establishment will be conducted;

2. The complete address and all telephone numbers of the of the massage establishment;

3. The type of ownership of the business, i.e., whether sole proprietorship, partnership, corporation, or otherwise. The application should also contain the names and contact information of all officers, directors, and persons with an ownership interest in the business, including partners and stockholders;

4. The proposed hours of operation for the massage establishment;

5. A description of any other businesses owned by the applicant, including any other businesses that will be operated on the same premises as the massage establishment;

6. A complete and current list of the names and residential addresses of all proposed massage practitioners and employees in the massage establishment and the name and residential addresses of the manager(s) proposed to be principally in charge of the operation of the massage establishment;

7. For each person who will be providing massage therapy, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card;

8. For each owner who is a CAMTC certified massage professional, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card;

9. The applicant's:

a. Current address and telephone number and all previous residential addresses for the past eight years;

b. Acceptable proof that the applicant is at least 18 years of age;

c. A copy of a valid and current driver's license or identification card issued by a State or federal government agency or other photographic identification bearing a bona fide seal by a foreign government;

d. The applicant's complete business, occupation and employment history for the past eight years, including the applicant's business history and experience with massage businesses;

e. Two current "passport" photographs of the applicant, each not exceeding four square inches in size, and being only front views of the face and head;

f. The complete massage permit history of the applicant including:

(i) A list of all past applications for permits or licenses in the past eight years;

(ii) The agencies, cities, boards, counties, territories, or states applied from which an application was sought;

(iii) The date of issuance of any licenses or permits;

(iv) A list of any denial, revocation, or suspension of a license or permit and an explanation of each.

g. All criminal convictions, including pleas of nolo contendere, within the past eight years, including those dismissed or expunged pursuant to California Penal Code Section 1203.4, but excluding minor traffic violations, the date and place of each conviction, and an explanation;

10. Either proof of ownership of the property or a copy of the lease agreement and a notarized letter from the real property owner acknowledging that the property will be used as a massage establishment;

11. A description of the massage establishment, including, but not limited to, the type of treatments to be administered and the proposed hours of operation;

12. Seven sets of facility plans for the massage establishment;

13. Authorization for the City, its agents, and its employees to seek verification of the information contained in the application;

14. Such other information as required by the Chief of Police or designee to verify the information contained in the application;

15. A written, dated, and signed statement by the applicant certifying, under penalty of perjury, that:

a. All information contained in the application is true and correct;

b. The owner(s) will only employ or retain CAMTC certified massage professionals, and failure to comply may result in the suspension or revocation of the massage establishment permit;

c. The owner(s) will be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing out-call massage services, and that failure to comply with the provisions of this chapter and any federal, state, or local law may result in the suspension or revocation of the massage establishment permit; and

d. They have received a copy of this chapter and understand its contents.

16. Written, dated, and signed statements from the applicant's designated managers certifying under penalty of perjury that they have reviewed and understand the contents of this chapter and obligations pursuant to sections 5.16.150 through 5.160.

B. If any of the information provided in the application changes during the application process, the applicant must notify the Chief of Police or designee within ten days.

C. An owner who will also be a massage practitioner must also pay the fees associated with the massage practitioner's permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Chief of Police or designee shall evaluate each permit application and issue an approval, conditional approval or denial within 60 days of receiving the complete application. Applications shall be referred to the Building Inspector, the Fire Marshal, and to approve the facility plans and inspect the premises. The Chief of Police or designee may extend the evaluation period by an additional 30 days if necessary to investigate the representations made in the application. The Chief of Police or designee shall approve a permit application unless:

1. Any owners, personnel, employees, or operators of the massage establishment:

a. Have been convicted of a violation of Penal Code sections 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), (b), or (d), or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code section 290 or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Penal Code section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes;

b. Haven been convicted of a violation of Health and Safety Code section 11550 or any felony offense involving the sale of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057, or 11068;

c. Have been convicted in any other state which is the equivalent of any of the above-mentioned offenses;

d. Have been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code section 11225 et seq., or any similar provisions of law in a jurisdiction outside the State of California; or

e. Are required to register under Penal Code section 290.

2. The applicant has made a false, misleading, or fraudulent statement or omission of fact to the City during the permit application process;

3. The application does not contain all of the information required under this chapter;

4. The proposed massage establishment does not comply with all applicable laws including but not limited to health, zoning, fire, and safety requirements and standards;

5. Plans for proposed massage establishments have not been approved by the County health department or the building is not in compliance with all of the City's applicable building code requirements; or

6. The applicant has not satisfied the requirements of this chapter in the time specified.

B. If the application is denied, the applicant may not reapply for a six-month period from the date the application is denied.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Any applicant seeking a massage practitioner or trainee permit must file a written application, with the required forms and documentation, to the Chief of Police. The application shall include a nonrefundable filing fee. The application must include:

1. A statement of the exact location at which the applicant will be working as a massage practitioner or trainee, including the exact name of the business, full street address, and all telephone numbers associated with the location;

2. The following personal information of the practitioner or trainee applicant:

a. Full and complete name and all aliases used by the applicant;

b. Current address, telephone number, and all previous residential addresses for the eight years preceding the date of the application;

c. Acceptable written proof that the applicant is at least 18 years of age;

d. A copy of a valid and current driver's license or identification card issued by a State or federal government agency or other photographic identification bearing a bona fide seal by a foreign government;

e. The applicant's complete business, occupation and employment history for the past eight years, including the applicant's business history and experience with massage businesses;

f. Two current "passport" photographs of the applicant, each not exceeding four square inches in size, and being only front views of the face and head;

g. The complete massage permit history of the applicant including:

(i) A list of all past applications for permits or licenses in the past eight years;

(ii) The agencies, cities, boards, counties, territories, or states applied from which an application was sought;

(iii) The date of issuance of any licenses or permits;

(iv) A list of any denial, revocation, or suspension of a license or permit and an explanation of each;

h. All criminal convictions, including pleas of nolo contendere, within the past eight years, including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations, the date and place of each conviction, and an explanation.

3. A copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card, or proof of enrollment in a recognized massage school, if requesting a trainee permit;

4. Authorization for the City, its agents, and its employees to seek verification of the information contained in the application;

5. Such other information as required by the Chief of Police or designee to verify the information contained in the application;

6. An original or certified copy of a diploma or certificate and certified transcript of graduation for completion of 500 hours of instruction from a recognized school of massage; and

a. The Chief of Police or designee may consider an applicant's study of massage completed outside of the state if proof of completion from a formalized course of study massage practice, anatomy, or physiology is provided with the application. Proof of completion shall include dates of study and the name, address, and phone number of the school attended, the original diploma or certificate, and certified transcripts of graduation.

b. Any out-of-state course of study submitted for approval shall meet the State of California's Office of Post-Secondary Education's minimum requirements and be for completion of 500 hours of on-premises training.

c. This subdivision shall only apply to non-trainee, practitioner applicants.

7. A written, dated, and signed statement by the applicant certifying, under penalty of perjury, that:

a. All information contained in the application is true and correct.

b. Has received a copy of this chapter and understands its contents; and

c. Understands the duties of a massage practitioner as provided in this chapter.

B. If any of the information provided in the application changes during the application process, the applicant must notify the Chief of Police or designee within ten days.

C. The permit application does not authorize the applicant to act as a massage practitioner unless and until such permit has been properly granted.

D. Existing operator and massage practitioner permits shall continue in effect until expiration. All existing permit holders shall have an additional 24 months from the effective date of this chapter to meet and comply with the 500-hour training requirement.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Chief of Police or designee shall evaluate each massage practitioner and trainee permit application and issue an approval, conditional approval or denial within 60 days of receiving the complete application. The Chief of Police or designee may extend the evaluation period by an additional 30 days if necessary to investigate the representations made in the application. The Chief of Police or designee shall approve a permit application unless:

1. The applicant:

a. Has been convicted of a violation of California Penal Code Sections 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), (b), or (d), or any other provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290 or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes;

b. Has been convicted of a violation of California Health and Safety Code section 11550 or any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11068;

c. Has been convicted in any other state which is the equivalent of any of the above-mentioned offenses; or

d. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Section 11225 et seq., or any similar provisions of law in a jurisdiction outside the State of California.

2. The applicant has made a false, misleading, or fraudulent statement or omission of fact to the City during the permit application process;

3. The application does not contain all of the information required under this chapter;

4. The applicant has not satisfied the requirements of this chapter in the time specified.

B. If the application is denied, the applicant may not reapply for a six-month period from the date the application is denied.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Every application for a school of massage shall be accompanied by:

A. Proof of approval from the CAMTC, pursuant to California Business and Professions Code Section 4600 et seq.;

B. A statement of the educational and experience qualifications, and the names and residence addresses of all directors, administrators, and instructors;

C. A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to tardiness and absence grading policy, and rules of operation and conduct; and

D. A school of massage permit shall not be issued for the same location as a massage or bodywork establishment.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Chief of Police or designee shall evaluate each permit application and issue an approval, conditional approval or denial within 60 days of receiving the complete application. The Chief of Police or designee may extend the evaluation period by an additional 30 days if necessary to investigate the representations made in the application. The Chief of Police or designee shall approve a permit application unless:

1. There are grounds for denial under section 5.02.040;

2. The school of massage fails to meet any zoning, building and construction, and other relevant requirements under the Code;

3. The applicant has made a false, misleading, or fraudulent statement or omission of fact to the City during the permit application process;

4. The application does not contain all of the information required under this chapter;

5. The applicant has not satisfied the requirements of this chapter in the time specified.

B. If the application is denied, the applicant may not reapply for a six-month period from the date the application is denied.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Unless otherwise specified, these regulations and requirements apply to all massage establishments, schools of massage, and massage practitioners:

A. Massage establishments and schools of massage shall be located in a zoning district which permits such use. Prior to a proposed massage establishment being constructed or opened for business, the seven sets of plans submitted with the massage establishment permit application shall be distributed to the County Department of Health for approval.

B. A massage establishment shall have the equipment and supplies necessary for disinfecting and sterilizing instruments on the premises at all times.

C. A readable sign identifying the business as a massage establishment shall be conspicuously posted on the premises at all times in compliance with State and local laws. The hours of operation of the facility will also be conspicuously displayed in the premises. A massage establishment shall prominently display all City issued permits for the massage establishment and its employees and all State issued certificates for its employees at the entrance or lobby of the premises.

D. Recognizable and legible signs shall be posted at all exits identifying each such exit in accordance with the requirements of the City's fire code and State regulations.

E. A list of available services, in bold letters not less than one inch in height, shall be conspicuously posted on the premises of the massage establishment at all times. The list shall include the cost of each service. The services provided shall not include baths. No services or activity shall be offered or performed except for those listed. No patron shall be charged more than the cost listed for the service provided.

F. The interior of the massage establishment shall maintain adequate illumination to make the conduct of employees, independent contractors, and clients within the premises readily discernible. No strobe or flashing lights shall be used.

G. All facilities within the massage establishment shall be kept in good repair and thoroughly cleaned and sanitized each day the business is in operation. All walls, floors, and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.

H. A massage table shall be provided in each massage room and all massages shall be performed on a massage table. Every table should be at least 18 inches in height. Tables may have foam pads that are two inches thick and no wider than four feet. All tables shall be covered with durable, washable plastic or other waterproof material.

I. Massage establishments shall comply with all State and federal laws and regulations for ensuring accessibility to disabled patrons or visitors.

J. Restroom facilities at the massage establishment shall include a minimum of one toilet and one wash basin. The restroom facilities shall be equipped with a permanently installed soap dispenser filled with soap, a single service towel dispenser or hand dryer, and hot water at all times. No bar soap may be used. A trash receptacle shall be provided in each toilet room. Showers may be provided.

K. All front, reception, hallway, or front exterior doors shall be unlocked during business hours, except as may be permitted by applicable laws allowing safety doors which may be opened from the inside when locked. All interior doors leading into massage rooms shall have unobstructed windows.

L. Doors used solely by employees to enter or exit the massage establishment may be locked during business hours.

M. A massage may not take place in a room fitted with any kind of lock, unless the door opens to the exterior of the building.

N. No operator granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The massage establishment shall have a manager employed by the establishment on the premises at all times during hours of operation.

B. The following regulations will govern which persons are permitted in massage rooms:

1. No person, other than valid practitioners, employees of the establishment, registered patrons, and City inspectors, peace officers or code enforcement officials will be permitted in the massage rooms during hours of operation.

2. Clients and visitors shall be permitted in the massage establishment only during the hours of operation.

3. No visitors shall be permitted in massage therapy rooms except the parents or guardian of a minor child who is a client, a minor child when necessary for the client's supervision of the child, or the conservator, aide, or other caretaker of a client.

4. Except as provided in subsection 3, no visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception, waiting area, or the restrooms.

5. Except for a client who is inside a massage therapy room for the purpose of receiving a massage, no clients or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.

C. No massage establishment may discriminate or exclude patrons on the basis of race, sex, religion, age, handicap, or any other classification protected under federal or State laws, rules, or regulations.

D. No person shall operate a massage establishment or perform any massage services in a massage establishment between the hours of 10:00 p.m. and 6:00 a.m.

E. It is unlawful for any person to use the massage establishment for residential purposes. All living quarters shall be separate from the massage establishment. No mattresses, beds, floor mattresses, waterbeds, or other bedding are allowed in a massage establishment or school of massage, with the exception of tables, sheets, and other bedding used for massages.

F. No food shall be sold or prepared at the massage establishment unless a food vending permit is granted by the County.

G. No person shall enter, be in or remain in any part of a massage establishment while in possession of, consuming, using, or under the influence of any alcoholic beverage or controlled substance, unless the massage establishment has a current and valid California Department of Alcoholic Beverage Control license and all required City approvals.

H. No electrical, mechanical or artificial device for recording audio or video shall be used by the operator, manager or any employee of the massage establishment to record or monitor the performance of a massage or conversation or other sounds in the massage rooms without the knowledge or consent of the patron and the written consent of the police department.

I. Instruments, devices or paraphernalia that are designed for use or are used in connection with sexual activities, including but not limited to condoms, shall not be permitted within a massage establishment.

J. All payments for massage therapy services, including gratuities or tips, shall be made only in the designated reception and waiting area and not in the massage therapy room. Any gratuities or tips that are solicited from the client in violation of this provision shall be presumed to be for the purpose of committing a sexually related act and may be grounds for the suspension or revocation of the owner's massage establishment permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No massage practitioner shall massage the specified anatomical areas of any patron except that the female breasts may be massaged with the written consent of the individual receiving the massage and a referral from a State licensed medical practitioner. Nor shall any operator or manager of a massage establishment allow or permit massage of such areas by any employee. No operator or manager, while performing any task or service associated with the massage establishment, shall be present in any room with another person unless the person's specified anatomical areas are fully covered.

B. No massage practitioner shall massage any patron unless the patron's genitals, gluteal crease, anus and, in the case of a female patron, breast(s), are fully covered at all times while the practitioner is present in the same room as the patron.

C. A massage practitioner, owner, or person employed or retained by the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, nontransparent material and provide complete covering of the genitals, pubic area, buttocks, anal area, and chest. No person shall dress in swim attire if not providing a water-based massage modality approved by the CAMTC.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. All patrons will be provided with clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned. Linens and towels shall be laundered or changed promptly after each use. Towels and linens shall not be shared among clients. Clean and soiled linens and towels shall be stored separately.

B. All massage professionals shall thoroughly wash his or her hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a client. No massage therapy shall be provided upon a surface of the skin or scalp of a client where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.

C. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each client. After a towel, covering or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least 140 degrees Fahrenheit for not less than 15 minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. A massage professional engaged in the practice of out-call massage shall carry a sufficient quantity of clean and sanitary towels, sheets, and linens to comply with these requirements.

D. All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises have been or will be open and such facilities in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.

E. All liquids, creams or other preparations used on or made available to clients shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a client, it shall be removed from the container in such a way as not to contaminate the remaining portion.

F. No invasive procedures shall be performed on any client. Invasive procedures include, but are not limited to:

1. Application of electricity that contracts the muscle;

2. Penetration of the skin by metal needles;

3. Abrasion of the skin below the nonliving, epidermal layers;

4. Removal of skin by means of any razor-edged instrument or other device;

5. Use of any needle-like instrument for the purpose of extracting skin blemishes;

6. Other similar procedures.

G. All bathrobes, bathing suits, and other garments that are provided for the use of clients shall be fully disposable and not used by more than one client, or shall be laundered after each use pursuant to subsection C.

H. All combs, brushes and other personal items of grooming or hygiene that are provided for the use of clients shall be either fully disposable and not used by more than one client, or shall be fully disinfected after each use.

I. No clients shall be allowed to use any shower facilities of the massage establishment unless such clients are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of clients either shall be fully disposable and not used by more than one client, or shall be fully disinfected after each use.

J. No person afflicted with an infection or parasitic infestation capable of being transmitted to a client shall remain on the premises of a massage establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a client include, but are not limited to:

1. Cold, influenza or other respiratory illness which may or may not be accompanied by a fever, for seven days after illness onset or until 24 hours after the cessation of symptoms, whichever is longer;

2. Streptococcal pharyngitis ("strep throat"), until 24 hours after treatment has been initiated and 24 hours after the cessation of symptoms;

3. Purulent conjunctivitis ("pink eye"), until examined by a physician and approved for return to work;

4. Pertussis ("whooping cough"), until five days of antibiotic therapy have been completed;

5. Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if all lesions have dried and crusted;

6. Mumps, until nine days after onset of parotid gland swelling;

7. Tuberculosis until a physician or local health department authority states that the person is noninfectious;

8. Impetigo (bacterial skin infection), until 24 hours after treatment has begun;

9. Pediculosis ("head lice"), until there is no further infestation;

10. Scabies ("crabs"), until after treatment has been completed; and

11. Blood-borne diseases, such as HIV, AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this subsection.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. During regular business hours, reasonable inspections may be conducted by the City and the City's Building Division, Police Department, Fire Department and County Health Department for the purpose of ensuring compliance with local and State law and other applicable fire, health, and safety requirements.

B. Routine inspections shall not occur more than twice a year. However, additional inspections may be conducted if complaints are received or there is a reasonable suspicion that this chapter has been violated. Nothing in this chapter diminishes the authority of law enforcement to conduct criminal investigations as permitted by law. During an inspection, law enforcement may inspect occupied massage rooms and may confirm the identity of all on-duty employees.

C. It shall be unlawful for any person to impede or interfere with a lawful inspection of a massage establishment conducted by law enforcement during the posted hours of operation of the business. No massage establishment owner or operator shall install or utilize any signaling devices of any type to alert employees or clients to the presence of law enforcement personnel or any other government agency personnel.

D. The massage establishment owner shall take immediate action to correct each violation noted by the inspecting agency. A reinspection will be performed within 30 days to ensure that each violation has been corrected.

E. Failure to correct the violations within 30 days may lead to revocation or summary suspension of the massage establishment permit pursuant to section 5.04.050, in addition to any other remedies prescribed by federal, state, and local laws.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The operator shall maintain a roster of all persons who have worked at the massage establishment for the past two years. The roster will include full legal names, nicknames, aliases, contact information, employment position, dates of employment and termination, if any, and duties of each employee.

B. It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ any person who is not at least 18 years of age.

C. No owner, operator, manager or permittee in charge of a massage establishment or school of massage shall employ as a massage practitioner anyone who is not CAMTC certified.

D. Operators shall only use the name and shall only conduct business under the designation specified on his or her permit. While on duty, a massage practitioner shall not use any name other than that specified on the permit.

E. The massage practitioner shall wear a photo identification card prepared and issued by the City at all times when present in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. The identification card shall be placed on outer clothing with the photo side facing out. If a massage practitioner changes his or her business address, he or she shall, prior to such change, obtain from the Chief of Police or designee a new photo identification card and advise the Police Department, in writing, of the new business address.

F. The operator shall report to the Chief of Police or designee any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage practitioner no longer employed by the operator to the Chief of Police or designee within five days of employment termination.

G. The operator shall report any and all changes of ownership or management of the massage establishment to the Chief of Police or designee within 30 days of the change.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, any obscene advertising matter.

B. It shall be unlawful to falsely state or advertise, or put out any sign or card or other device, or falsely represent to the public through any print or electronic media, that any person who is employed or retained to perform massage therapy for compensation is a CAMTC certified massage professional by use of the title "licensed," "certified," certified massage practitioner (CMP) or certified massage therapist (CMT), or the use of any other term that implies or suggests that the person is currently a CAMTC certified massage professional.

C. It shall be unlawful to fail to include the legal name under which any massage professional is certified and his or her CAMTC certificate number in any advertising of massage therapy for compensation. For the purposes of this section, pseudonyms are not sufficient.

D. It shall be unlawful to publish or distribute any advertising matter or business identification card through any print or electronic media that are classified as for adults only or similar classification.

E. It shall be unlawful to publish or distribute any advertising matter or business identification card that is sexually suggestive or that would reasonably suggest that any service is available other than a massage as defined in this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. It shall be unlawful to perform or administer a massage or bodywork techniques as out-call massage or bodywork within the City limits for money or other consideration without having a valid City business license and either being State certified or having a massage practitioner permit pursuant to this chapter.

B. Out-call massage must be authorized in writing by a physician, surgeon, chiropractor, or osteopath duly licensed to practice in the State.

C. Out-call massage shall be conducted between 6:00 a.m. and 10:00 p.m.

(Ord. No. 2020-1057, § 1, 3-23-2020)

On an annual basis, the massage practitioner shall complete no fewer than 12 hours of continuing education in the practice of massage from a qualified massage educational program.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No person shall engage in, conduct, or carry on the business of a massage establishment without first filing with the Police Department, in full force and effect at all times, an insurance certificate from an insurance company authorized to do business in the State, evidencing that the operator is insured under a liability insurance policy for a minimum coverage of $500,000.00 for injury or death arising out of the operation of the massage establishment, including the administration of massages.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The operator and on-duty manager of a massage establishment shall be responsible for the conduct of all employees while the employees are on the licensed premises. The operator shall be responsible for any act or omission of any employee constituting a violation of this chapter and may have the operating permit revoked, suspended, or denied for such violations.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Chief of Police or designee may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in sections 5.16.090 and 5.16.120.

B. The notice set forth below shall be prepared and issued by the Chief of Police or designee upon the issuance of a massage establishment permit or school of massage permit pursuant to Sections 5.16.090 and 5.16.140:

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE CERES POLICE SERVICES WITHOUT PRIOR NOTICE.

C. The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for 12 months following the violation of any of the offenses set forth above.

D. The requirement for posting the notice described in this section is cumulative and in addition to all other remedies, violations and penalties set forth in this chapter or in the ordinances, laws, rules or regulations of the City, County, and the State of California.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Operators, owners, managers, massage establishment employees, and massage practitioners shall comply with all provisions of this chapter and any applicable provisions of the City's Municipal Code.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Every massage establishment operator shall report immediately to the Police Department any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, stockholders, officers, directors and partners, any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the Chief of Police, provided there is compliance with all applicable regulations of the City.

B. If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners.

C. Upon the death or incapacity of a permittee, the massage establishment may continue in business for a reasonable period of time, not to exceed 30 days, to allow for an orderly application of a new permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No permit under this chapter is transferable to any other person, entity, or establishment.

B. A change of location of a massage establishment must be approved by the Chief of Police. Any operator seeking to change the location of a massage establishment must file an application with and pay a change of location fee to the Chief of Police. The Chief of Police or designee shall approve the application for a change of location upon finding that the new location complies with the requirements of this chapter.

C. No permittee shall operate under any name or conduct his business under any designation or at any location not specified in the permit. Any masseur, masseuse, instructor, trainee, or other employee may have a valid and unexpired permit transferred for use at any other massage establishment upon written application to the City Clerk accompanied by a nonrefundable $5.00 transfer fee.

D. Permits for operators and employees shall be renewed on a yearly basis. Applications for renewal shall include proof of continuing education, a renewal fee, and any other information reasonably required by the Chief of Police or designee to evaluate whether the applicant is in compliance with this chapter.

E. Permit renewals will be approved unless the Chief of Police or designee finds that the applicant has not completed the continuing education requirements or has violated this chapter or another applicable State, Federal or local law.

F. Renewal permits shall be filed no later than 60 days prior to the expiration of the existing permit to prevent a lapse of the permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The requirements of this chapter do not apply to:

A. State-licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a State-licensed physician, surgeon, chiropractor, or osteopath. Practical nurses or other persons without qualifications as massage practitioners, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not give massage or massage procedures;

B. Practitioners of reflexology who present to the Chief of Police or designee a certificate of proof of successful completion of classroom instruction in reflexology-related subjects dealing with feet, hands or ears, and reflexology practice from a reputable and licensed school of reflexology;

C. Hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State;

D. Barbers, beauticians, cosmetologists, estheticians, and manicurists who are duly licensed under the laws of the State and who administer a massage in the normal course of their duties, provided, that such massage therapy is limited solely to the neck, face, scalp, feet, and lower limbs up to the knees, and hands and arms, of their clients;

E. Bona fide trainers or coaches or physical therapists of any amateur, semiprofessional, or professional athlete or athletic team and the facilities therefor;

F. Persons administering massages or health treatments involving massage to persons participating in single-occurrence athletic, recreational, or educational events such as road races, track meets, triathlons, educational events, or conferences; provided, that the event is open to the public or to a significant segment of the public such as employees of sponsoring or participating corporations, and the massage services are provided at the site of the event during, immediately preceding, or immediately following the event;

G. Somatic practitioners who use no physical touch of any kind at any time in their practice; or

H. Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided, that the owner of the massage establishment has first notified the Chief of Police or designee in writing of the name, residence address, and school of the students and the dates of the trainings.

(Ord. No. 2020-1057, § 1, 3-23-2020)