Chico Municipal Code Ch. 5.44 Massage Therapy Establishments

In enacting this chapter, the City Council recognizes that massage therapy is a valid professional field which can offer the public valuable health and therapeutic services, but unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the community.

It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and other related activities in violation of State law.

It is the further intent of this chapter to protect the interests of public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses.

It is the purpose and intent of the City Council that this chapter relies upon Chapter 10.5 of Division 2 of the California Business and Professions Code at Section 4600, et seq. (the "Massage Therapy Act"), which created a statewide system for issuing certificates to massage therapists and massage practitioners, as well as the City's regulatory authority over local massage establishments pursuant to the State Constitution and provisions of Government Code Sections 37100, 51030, et seq., and Business and Professions Code Sections 460, 16000, 4600 through 4621.

(Ord. 2617)

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings that are given in this section:

"Applicant" means an owner or operator filing an application for a massage establishment permit.

"Authorized massage professional" means a massage professional who is identified in a permit issued pursuant to this chapter as a person employed or retained by a massage establishment to practice massage.

"Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners and therapists.

"California Massage Therapy Council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600 et seq.

"CAMTC Certificate" means a current and valid certificate issued by the CAMTC to a massage practitioner or massage therapist.

"CAMTC-certified massage professional" means any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq.

"Certified massage professional" means any individual that is a CAMTC-certified massage professional.

"Certified structural integrator" means any individual that is an IASI-certified professional.

"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

"Director" means the Community Development Director or his or her designee charged with the administration of this chapter.

"IASI-certified professional" means any individual currently board certified by the IASI as a structural integrator.

"Inspector" means the person or persons designated by the City to conduct any inspections required or permitted under this chapter.

"International Association of Structural Integrators" and "IASI'' means the structural integration organization that establishes standards and testing for the certification for structural integrator practitioners.

"Massage," "massage therapy," and/or "bodywork" for purposes of this chapter mean the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, neuromuscular reeducation, or structural integration.

"Massage establishment" means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Home-based massage businesses and businesses that provide outcall massage services are also considered to be massage establishments. For purposes of this chapter, the term "massage establishment" may be applied to include establishments which offer or advertise themselves as providing "relaxation" or ''tanning" where the essential nature of the interaction between the employee and the customer involves "massage" as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business.

"Massage professional certification" means a current and valid certificate issued by the CAMTC to a massage practitioner.

"Operator" or "massage establishment operator" means any person who is an owner or manager of a massage or structural integration establishment.

"Outcall massage service" means the engaging in or carrying on of massage therapy for compensation at locations other than a massage or structural integration establishment at a fixed location.

"Owner" or "massage establishment owner" means any of the following persons:

1. The sole proprietor of a sole proprietorship operating a massage or structural integration establishment.

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

3. Any person who has an ownership interest in a corporation that owns a massage or structural integration establishment.

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

5. All owners of any other type of business association that owns a massage or structural integration establishment.

"Patron" means an individual on the premises of a massage or structural integration establishment for the purpose of receiving massage therapy.

"Permit" means a massage or structural integration establishment permit issued pursuant to this chapter.

"Permittee" means any owner of a massage or structural integration establishment that has obtained a permit to operate within the city pursuant to Section 5.44.090.

"Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or other legal entity.

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

"School of massage" means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as may be amended from time to time.

"Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage or structural integration services.

"Structural integration" means the therapeutic practice employed by a structural integrator as defined by IASI standards.

"Structural integration establishment" means any business that offers structural integration, including home-based structural integration businesses and businesses that provide outcall structural integration services. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business.

"Structural integrator" means any individual performing structural integration.

"Visitor" means any individual not retained or employed by the establishment and not receiving or waiting to receive massage or structural integration therapy services, but excluding law enforcement personnel or governmental officials performing governmental business, and landlords not affiliated with the massage or structural integration establishment.

(Ord. 2617)

The requirements of this chapter are in addition to:

A. Any business license and business license tax requirements imposed pursuant to Chapter 3.32 of this code.

B. Chapter 19.20 of this code regarding home occupations.

C. Any permits or authorizations that may be required under this code and other applicable laws, including but not limited to, building, fire, zoning, and health regulations.

D. All provisions and requirements of this code.

(Ord. 2617)

The provisions of this chapter shall not apply to the following establishments or classes of individuals who perform massage while employed in their professional capacities:

A. Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists, who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of such licensed persons. "Working directly under the supervision" means that the person is an employee of the licensed person, is working at the same location as the licensed person, has his or her work supervised by the licensed person, and that the licensed person is present when the employee is performing massage. This exemption shall not apply if the business performs massage on persons for whom the licensed person does not provide professional services.

B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city.

C. Barbers, estheticians, manicurists, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, hands and feet, and/or scalp of the patrons, and this exception shall not apply to full body massage.

D. Individuals 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.

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

F. 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 operator of the massage establishment has first notified the director in writing of the name, residence address, and school of the students and the dates of the trainings.

(Ord. 2617)

A. It shall be unlawful for any person to practice massage therapy for compensation within the city unless that person is a certified massage professional.

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 certified massage professional.

C. It shall be unlawful for any person to practice structural integration for compensation within the city unless that person is an IASI-certified professional.

D. It shall be unlawful for a structural integration establishment to employ or retain any person to practice structural integration for compensation, or to allow any person to perform structural integration for compensation on the premises of a structural integration establishment, unless that person is an IASI-certified professional.

(Ord. 2617)

A. The city recognizes that some massage therapists, massage practitioners, and structural integrators currently practicing in the city may not meet the current requirements set forth by the CAMTC or IASI due to changes in educational or other requirements, particularly changes in requirements concerning hours of schooling, although the person has been in practice for a significant period. The city will therefore allow individuals who were working in the city prior to the passage of this chapter and meet the requirements of this section to practice massage under one of the applicable exceptions set forth in this section without certification from the CAMTC or IASI, whichever the case may be.

B. Individuals who do not submit an initial application for an exception described in this section within 180 days of the effective date of this chapter shall be ineligible to qualify for the exception.

C. An individual seeking an exception must demonstrate the following to the satisfaction of the city's code enforcement division.

1. Temporary Exception.

a. Evidence that he or she worked as a massage therapist, massage practitioner, or structural integrator in the city for a professional listed in Section 5.44.040A. of this chapter on an ongoing basis for at least five years prior to the effective date of this chapter, and is currently employed with that professional; and Evidence that he or she has enrolled or is in the process of enrolling in a program to become CAMTC-certified massage professional or a IASI-certified integrator, and

b. Compliance with other terms of this chapter for massage establishment owners that are not certified by the CAMTC or IASI, including, but not limited to, the background check described in Section 5.44.080J. of this chapter.

2. Qualified Practitioner Exception.

a. Evidence that he or she has been working as a massage therapist, massage practitioner, or structural integrator for a period of at least five years prior to the passage of this chapter; and

b. Evidence that he or she has certification or proof of training in the field of massage from a school or another entity comparable to the CAMTC or the IASI or has received through an alternative method of training in the field of massage acceptable to the director; and

c. Compliance with other terms of this chapter for massage establishment owners that are not certified by the CAMTC or IASI, including, but not limited to, the background check described in Section 5.44.080J. of this chapter.

D. An individual granted either exception under Section 5.44.060C. from the certification requirement is required to display, in the same manner this chapter requires the display of massage professional certification, a statement from the city showing that the person met the requirements of this exception.

E. The Temporary Exception shall be for a period of 12 months from its issuance and may be extended by the director one time for an additional period of 12 months. The Qualified Practitioner Exception must be renewed annually. Failure to submit an application for renewal on or before the annual renewal date shall make the individual ineligible for a continued exception.

F. An approved Temporary Exception shall apply only to a massage practitioner's ongoing practice with the professional(s) stated in subsection C.1.a. of this section. An approved Temporary Exception shall become invalid and massage professional certification shall be required pursuant to Section 5.44.050 when an individual changes employment and/or accepts employment with new, additional professionals or massage establishments within the city.

G. The city may establish a non-refundable fee to recover costs associated with initial applications and annual renewals.

H. Any individual granted an exemption by the city pursuant to this section shall nonetheless be subject to all other requirements of this chapter, with the exception of Section 5.44.050 (Certification required).

(Ord. 2617)

A. It is unlawful for any person to operate a massage establishment or structural integration establishment within the city without first obtaining a massage establishment or structural establishment permit from the Community Development Department, and otherwise complying with the requirements of this code, including but not limited to, obtaining a business license.

B. On or after the effective date of this chapter, it shall be unlawful for a massage establishment or structural integration establishment operator to employ or retain any person to practice massage therapy or structural integration for compensation, or to allow any person to perform massage therapy or structural integration for compensation on the premises of a massage establishment or structural integration establishment, unless that person is a certified massage professional certified structural integrator and unless that person is identified as an authorized massage professional or certified structural integrator on the permit issued pursuant to this chapter. For purposes of this chapter, a massage establishment or structural integration operator "employs or retains" a person to practice massage therapy or structural integration for compensation when:

1. That person is a directly paid employee of the massage establishment or structural integration establishment; or

2. That person's association with a massage or structural integration establishment is that of an independent contractor who receives compensation for massage therapy or structural integration provided to patrons of the establishment; or

3. That person receives a referral of patrons from the massage or structural integration establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage or structural integration establishment operator.

C. It is unlawful for a massage or structural integration establishment to operate under any name or conduct business under any designation not specified in the permit issued pursuant to this chapter.

D. It is unlawful for a massage or structural integration establishment to continue to operate following the sale or transfer of any interest in the establishment to a person who was not identified as an owner in permit application required under this chapter.

(Ord. 2617)

The owners of the massage or structural integration establishment shall file an application for a permit on a form provided by the director. The application shall be accompanied by the fee established by the city's fee schedule. The application shall include the following information:

A. The name, address, and telephone number of the massage or structural integration establishment.

B. The name, residence address and telephone number, and business address and telephone number of each owner of the massage or structural integration establishment.

C. The form of business under which the applicant will be conducting the massage or structural integration establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and any person holding an ownership interest in the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.

D. The name, address, and telephone number of the owner of the real property upon, in, or from which the certified massage or structural integration establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage or structural integration establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage or structural integration establishment will be operated by the applicant upon, in, or from the property owner's property.

E. If the massage or structural integration establishment will be located on a property in a residential or commercial condominium or other common interest development, the applicant shall submit a notarized statement from the homeowner's association or condominium owner's association acknowledging that the association has been advised that a massage or structural integration establishment will be operated by the applicant and that such use of the property is allowed by the property's covenants, codes, and restrictions. A description of the proposed massage or structural integration establishment, including the type of treatments to be administered.

F. The name of each individual who the massage or structural integration establishment employs or retains to perform massage therapy or structural integration for compensation, whether on or off the massage or structural integration establishment premises.

G. The name of each individual who is regularly employed or retained by the massage or structural integration establishment to perform services on the premises other than massage therapy or structural integration, and the nature of their services.

H. For each individual who the massage or structural integration establishment does or will employ or retain to perform massage therapy or structural integration for compensation, whether on or off the massage or structural integration establishment premises, a copy of that individual's current certification as a certified massage practitioner, certified massage therapist or structural integrator and a copy of his or her current CAMTC or IASI-issued identification card.

I. For each owner of the massage or structural integration establishment who is a certified massage professional or structural integrator a copy of his or her current certification and a copy of his or her current CAMTC- or IASI-issued identification card.

J. For each owner of the massage or structural integration establishment who is not a certified massage professional or structural integrator, and who is not performing massage or structural integration therapy, the following information shall also be provided:

1. Whether any owner of the massage or structural integration establishment has, within the five years immediately preceding the date of application been convicted of any felony in any state.

2. Whether any owner of the massage or structural integration establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

3. The business, occupation, and employment history of each owner of the massage or structural integration establishment for five years preceding the date of application, and the inclusive dates of same.

4. One set of fingerprints to be taken at the permit authority, and any required fee for such fingerprinting shall be paid by the applicant.

K. Whether any certificate, license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or structural integration practice, and as to any such certificate, license or permit, the name and address of the issuing authority, the effective dates of such certificate, license or permit, whether such certificate, license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.

L. Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law.

M. A statement that within the last five years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

N. A statement attesting to the following:

1. The owner will only employ or retain certified massage or structural integration professionals, and failure to comply may result in the suspension or revocation of the massage or structural integration establishment permit.

2. The owner authorizes the code enforcement division to investigate the truth of the information contained in the application.

3. The owner will be responsible for the conduct of all massage or structural integration establishment operators, employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage or structural integration 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 or structural integration establishment permit.

4. The owner certifies under penalty of perjury that all information contained in the application is true and correct.

(Ord. 2617)

The director may issue a massage or structural integration establishment permit if the applicant meets the requirements of this chapter and no grounds for denial exist under Section 5.44.120. The director may impose conditions on the permit consistent with this chapter and applicable law.

(Ord. 2617)

If the applicant is not the record owner of the property where the massage or structural integration establishment is located, the director may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage or structural integration establishment. The director may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.

(Ord. 2617)

A massage or structural integration establishment permit issued pursuant to the terms of this chapter shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the massage or structural integration establishment operator annually so long as the massage or structural integration establishment is operating within the city.

(Ord. 2617)

The director may deny an application for a massage or structural integration establishment permit on any of the following grounds:

A. The massage or structural integration establishment, as proposed by the applicant, would not comply with the requirements of this chapter.

B. The massage or structural integration establishment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to the city's building, fire, zoning, and health regulations.

C. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage or structural integration establishment permit.

D. Any owner of the massage or structural integration establishment, or any person who may perform massage or structural integration services for or on behalf of the establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

E. Any owner of the massage or structural integration establishment, or any person who may perform massage or structural integration for or on behalf of the establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b), of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.

F. Any owner of the massage or structural integration establishment, or any person who may perform massage or structural integration for or on behalf of the establishment has been subjected to an injunction or restraining order against the conducting or maintaining of a violation of Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California.

G. An/owner of the massage or structural integration establishment, or any person who may perform massage or structural integration for or on behalf of the establishment is an individual who has not attained the age of eighteen years.

H. Any owner of the massage or structural integration establishment, or any person who may perform massage or structural integration for or on behalf of the establishment, within five years immediately preceding the date of filing of the application, has had a permit or license to practice massage for compensation or to own and/or operate a massage or structural integration establishment revoked or denied in any jurisdiction.

I. The applicant, or any person who may perform massage or structural integration for or on behalf of the establishment, has had any permit, license, or certification denied, revoked or suspended by the city, CAMTC or IASI.

J. The applicant, or any person who may perform massage or structural integration for or on behalf of the establishment, has committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if committed by an operator or other person under this chapter, would be grounds for denial, suspension or revocation of the permit.

K. Any owner of the massage or structural integration establishment currently owns or operates a massage or structural integration establishment in the City of Chico that is not in good standing due to the existence of uncorrected violations or unpaid fines or fees.

L. Any owner of the massage or structural integration establishment, or any person who may perform massage or structural integration for or on behalf of the establishment, has been determined by the city to have violated a provision of the city's municipal code within the last five years.

M. Within the last five years, the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

(Ord. 2617)

A. If an application for a massage or structural integration establishment permit is denied, the director shall give written notice to the applicant specifying the grounds for denial.

B. The applicant may appeal the decision to deny a massage or structural integration establishment permit by filing a written notice of appeal with the city manager, and the city manager or designee shall issue a written decision, in accordance with the procedures set forth in Section 5.44.200.

(Ord. 2617)

A. Whenever the information provided in the application for a massage or structural integration establishment on file with the city changes, the operator shall file an application, provided by the director, to amend the permit to reflect such change. An application to amend a massage or structural integration establishment permit shall be made by submitting an application on a form provided by the director. The application shall be accompanied by the fee established by the city's fee schedule.

B. The application shall not be approved unless the director determines that the terms of the amended permit comply with all requirements of this chapter and all other local, state, and federal laws, and the massage or structural integration establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment.

C. An amendment shall not be used to change the location or owners of a massage or structural integration establishment. Instead, a new permit application is required.

D. A denial of an application to amend a massage or structural integration establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 5.44.130.

(Ord. 2617)

A. No person, owner or operator shall engage in, conduct, carry on, or allow any massage or structural integration unless all of the following requirements are met. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage and structural integration establishments located within the city:

1. No massage or structural integration establishment shall be open for business between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day. A massage or structural integration begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. The hours of operation of the massage or structural integration establishment shall be displayed in a conspicuous public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment.

2. Patrons and visitors shall be permitted m the massage or structural integration establishment only during the hours of operation.

3. During the hours of operation, patrons shall be permitted in massage or structural integration therapy rooms only if at least one duly authorized certified massage or structural integration professional is present on the premise of the massage or structural integration establishment. Patrons shall not be permitted in any employee break room on the premises.

4. During the hours of operation, visitors shall not be permitted in massage or structural integration therapy rooms except as follows:

a. The parents or guardian of a patron who is a minor child may be present in the room with that minor child;

b. The minor child of a patron may be present in the with the patron when necessary for the supervision of the child; or

c. The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person.

5. During the hours of operation, except as otherwise provided herein, no visitors shall be permitted in massage or structural integration therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or toilet rooms.

6. Except for a patron who is inside a massage or structural integration therapy room for the purpose of receiving a massage or structural integration, no patrons or visitors shall be permitted in or on the massage or structural integration 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.

7. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No massage or structural integration establishment operator shall permit, and no person employed or retained by the massage or structural integration establishment shall offer to perform any services or request or demand fees other than those posted.

8. No condoms, or written, digital and/or multimedia material or merchandise of an obscene nature, as defined by and to the extent allowed by law, shall be furnished, used, stored or kept on the premises of a massage or structural integration establishment.

9. The massage or structural integration establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage or structural integration establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with enforcement of this chapter.

10. No electrical, mechanical or artificial device shall be used by the massage or structural integration establishment for audio and/or video recording or for monitoring the performance of a or structural integration massage, or the conversation or other sounds in the massage or structural integration therapy room or cubicle, without the knowledge or written consent of the client.

11. No person who has not reached eighteen years of age shall provide massage or structural integration for compensation or consideration of any type, whether paid to them or another person.

12. The massage or structural integration establishment shall comply with all applicable state and local laws, including but not limited to, all building and fire codes as adopted in Chapter 16 of this code.

B. No person who is not a certified massage or structural integration professional shall provide massage or structural integration for compensation or act as an employee or independent contractor of a massage or structural integration establishment if such person has:

1. Been convicted of, or entered a plea of guilty or no contest to, an offense that requires registration under the Sex Offender Registration Act (Penal Code Section 290 et seq.), or which is a violation of the law, including but not limited to, Penal Code sections 261, 261.5, 261.9, 262, 264.1, 265, 266, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 269, 285, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 289.5, 289.6, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 311.12, 313.1, 314, 315, 316, 318 or 647(a) and (b) or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4 or equivalent statute under the laws of another jurisdiction.

2. Been convicted of, or entered a plea of guilty or no contest to, an offense involving the sale, possession for purposes of sale, purchase for the purpose of sale, transport, import, export, administration, gift or cultivation of a controlled substance specified in Health and Safety Code Sections 11054 through 11058, inclusive, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4 or equivalent statute under the laws of another jurisdiction.

3. Been convicted of or entered a plea of guilty or no contest to a violation of Penal Code Section 415 as a result of being charged for a violation of Penal Code Section 647.

4. Been convicted of any state or federal law relating to the trafficking of humans.

5. Suffered revocation or suspension of a certificate issued under the Massage Therapy Act (Business and Professions Code Section 4600 et seq.) or by the IASI unless such certificate has been restored.

C. Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage and structural integration establishments located within the city:

1. Each massage or structural integration establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client.

2. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths and pools located at massage or structural integration establishments shall be cleaned and disinfected at least once each day when such facilities have been in use.

3. All instruments used in massage or structural integration shall be maintained in a clean and sanitary condition. Instruments utilized in providing massage shall not be used on more than one client unless they have been sterilized or sanitized.

4. No dressing room shall be occupied by more than one person at a time except in the case where occupation is by a parent or legal guardian to a child then present or when the presence of an individual necessary to accommodate a disability is required.

5. No room where massage or structural integration is provided shall be occupied by a person other than the client and massage or structural integration professional except in the case where occupation is by a care giver, parent or legal guardian to a child then present, when the presence of an individual necessary to accommodate a disability is required, or massage or structural integration is provided on a couple. When massage or structural integration is provided on a couple, the massage or structural integration establishment shall provide two massage tables, one for each individual client and two massage or structural integration professionals to provide massage or structural integration for compensation.

6. Toilet facilities shall be provided in convenient locations within the massage or structural integration establishment and shall consist of at least one unisex toilet with a lavatory or wash basin provided with soap and both hot and cold running water.

7. No alcoholic beverages or controlled substances, as defined in Health and Safety Code Sections 11054 through 11058, inclusive or in the Controlled Substances Act (21 U.S.C. 810 et seq.), shall be sold, served, furnished, kept, consumed or possessed on the premises of any massage or structural integration establishment.

8. All massage or structural integration professionals and employees of massage or structural integration establishments shall wear clean, non-transparent outer garments while engaged in massage or structural integration for compensation. Said garments shall not expose, or be worn in such a manner to expose, the breasts, genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie or swimsuits. Massage or structural integration professionals shall not dress in swim attire unless providing a water-based massage modality approved by the CAMTC or the IASI, respectively, as applicable.

9. No massage or structural integration for compensation or consideration of any type shall be provided unless the client's genitals, anus, or, in the case of a female, her breast(s) are at all times fully covered while the massage professional or other employee is present in the same room as the client. No massage or structural integration shall be provided to a client that results in intentional contact, or occasional and repetitive contact, with the genitals or anal region of a client.

10. While engaged in massage or structural integration for compensation or consideration of any type, a massage or structural integration professional shall not make, or offer to make, physical contact with the genitals of any other persons regardless of whether the contact is over or under the persons' clothing nor shall the massage professional permit, or offer to permit, the client to make physical contact with the genitals of the massage or structural integration professional regardless of whether the contact is over or under the massage or structural integration professional's clothing. Notwithstanding, massage or structural integration of the female breasts by the massage or structural integration professional is permissible with the written consent of the client.

D. A massage or structural integration professional shall operate only under the name provided to the code enforcement division on the massage or structural integration establishment permit application required under Sections 5.44.070 and 5.44.080 of this chapter.

E. It is unlawful for a massage or structural integration establishment to continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage or structural integration establishment permit application.

F. No person providing massage or structural integration may advertise to provide sexual services or other acts prohibited by this chapter; in print, billboards, text or SMS messaging, online webpages or postings, digital media, multimedia, via radio, television or otherwise.

G. No person or massage or structural integration business shall advertise their services or business on a website that commonly or primarily advertises, solicits, or facilities sexual services, pornography, illegal or prohibited services, such as escort services, prostitution or illicit drugs.

(Ord. 2617)

No person shall provide massage or structural integration services, operate a massage or structural integration establishment or provide property for the operation of a massage or structural integration establishment at a particular location if:

A. That person or massage or structural integration establishment is or was operating at that particular location within the prior thirty-six months, and that massage or structural integration establishment or any employee of that massage or structural integration establishment has been found liable by the city for violating any provision of this chapter, except when such finding of liability is pending appeal to a hearing officer or review in a court of competent jurisdiction, or if the massage or structural integration establishment or an employee of that massage or structural integration establishment has been found guilty of a violation of this chapter or any of the statutes specifically referenced in Section 5.44.150C. For purposes of this chapter, a plea of "no contest" is a finding of guilt.

B. Another massage or structural integration establishment has operated at that particular property within the prior thirty-six months, and:

1. That massage or structural integration establishment has delinquent fines, fees or penalties, whether criminal, administrative or civil, and/or

2. That massage or structural integration establishment or any person performing therapy services for that massage or structural integration establishment has been found liable by the city for violating any provision of this chapter, and

3. Anyone affiliated with the ownership, operation or provision of services for the prior establishment is also affiliated with the new establishment.

4. This section shall not apply if the fine, fee, penalty or violation is pending appeal to a hearing officer or review in a court of competent jurisdiction.

(Ord. 2617)

A. All persons providing massage or structural integration, and all massage or structural integration establishment owners and operators shall, during permissible hours of operation, have on their person or immediately available at the establishment a valid, government issued identification which identifies the individual.

B. The owner(s) and/or designated manager(s) shall ensure the massage or structural integration professional certification issued for each certified massage or structural integration professional employed at the massage or structural integration establishment (whether on-duty or not) is conspicuously displayed in a public place in the lobby.

C. For the sole purpose of inspecting and verifying compliance with this chapter and otherwise facilitating the functions of this chapter, the director, or his/her designee, or the Chico police chief, or his/her designee, is authorized to enter massage or structural integration establishments to conduct administrative inspections thereof, and of the things specified in this chapter, relevant to those functions.

D. The City hereby declares massage establishments and structural integration establishments to constitute a closely regulated business. Therefore, city inspectors shall have the right to enter any massage or structural integration establishment, other than an establishment providing outcall-only services, during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter. This section is not intended to abrogate or conflict with any applicable state or federal laws, and any inspection hereunder shall comply with such laws.

E. During the inspection, the massage or structural integration establishment operator shall take immediate action to correct each violation noted by the inspector. If the violation is not able to be immediately corrected, a reinspection by the city is required.

(Ord. 2617)

A. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Sections 5.44.190 and 5.44.200. Upon issuance of a final order by the director, city manager or designee thereof to revoke the massage permit, the massage or structural integration establishment shall immediately cease operation, and, if so ordered, no other massage or structural integration establishment shall be permitted to operate at that location by any person for a period of not less than thirty-six months ("the moratorium period"). If the operator is not also the legal owner of the real property on which the massage or structural integration establishment is situated, notice of such revocation and the thirty-six-month prohibition shall be provided by the city to the owner of record of the property as shown on the latest county assessment roll or title records.

B. In addition to any other remedy available to the city under applicable law, a massage or structural integration establishment permit may not be renewed or amended unless and until all unpaid fines, penalties and fees owed to the city have been paid in full, and all outstanding violations relating to the establishment have been corrected.

(Ord. 2617)

A. A massage or structural integration establishment permit may be suspended or revoked for any violation of this chapter.

B. Written notice of the suspension or revocation describing the violation and basis thereof shall be served on the massage or structural integration establishment operators by either (i) personal delivery, or (ii) certified and regular mail. The notice shall contain an advisement of the right to request an appeal pursuant to Section 5.44.200 of this chapter.

C. All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter and this code.

D. Revocation of a massage or structural integration establishment permit shall also result in revocation of any business license issued pursuant to Chapter 3.32 of this code.

(Ord. 2617)

Any operator whose massage or structural integration establishment permit has been suspended or revoked may appeal can be made to the city manager or designee. An appeal must be received by the city within ten business days from the notice being appealed. The person requesting the appeal shall submit its notice of appeal along with a written brief outlining the reasons it believes the suspension or revocation to be in error. The appeal will be decided based solely on the written submission of the appealing party, with no oral argument. The city manager or designee shall render a written decision within ten days of the request for appeal being received by the city manager or his or her designee. If the suspension or revocation is upheld, the massage establishment or structural integration shall immediately close. If the appellant is not satisfied with the decision of the city manager or designee, the appellant may, within ten business days of the notice of decision, appeal to an administrative hearing officer pursuant to Section 1.15.150 of this code. The massage or structural integration establishment, however, shall remain closed until the decision of the administrative hearing officer is final.

(Ord. 2617)

A. Any violation of this chapter is unlawful and a public nuisance, and may be abated by any means authorized by law, including but not limited to injunctive relief.

B. This chapter may be enforced by means of the administrative processes and remedies set forth in Chapter 1.15 of this code, and shall constitute a misdemeanor subject to a fine up to five hundred dollars and/or by imprisonment up to six months.

C. In addition, any violation of this chapter shall be subject to a civil penalty in an amount not to exceed one thousand dollars per violation, which may be recovered by a civil action.

D. This chapter is cumulative to all other remedies now or hereafter available to abate or otherwise regulate, enforce or prevent public nuisances or to enforce the provisions of the Chico Municipal Code.

E. Each violation of this chapter, and each day a violation continues, shall constitute a separate violation. Each client to whom massage or structural integration is provided or offered in violation of this chapter shall also constitute a separate violation.

F. The remedies provided herein shall be cumulative, and may be used in conjunction with or in lieu of, each other. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or under state law.

G. Each person responsible for a violation of this chapter shall be jointly and severally liable.

(Ord. 2617)