Chino Hills Municipal Code Ch. 5.24 Massages

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Editor's note— Ord. No. 251, § 3, adopted Jan. 24, 2012, amended Ch. 5.24 in its entirety to read as herein set out. Former Ch. 5.24, §§ 5.24.010—5.24.210, pertained to massage clinic licenses, and derived from Ord. No. 119, § 2 (part), adopted 1999; Ord. No. 120, § 2 (part), adopted 1999; Ord. No. 159, § 3, adopted 2003; Ord. No. 230, §§ 1, 3, 5, 6, adopted Nov. 24, 2009; Ord. No. 225, § 3A, adopted June 9, 2009.

A. This chapter establishes new permitting standards intended to comply with California law and establish business licensing and health and safety guidelines for massage establishments.

B. This chapter is not intended to be exclusive and compliance will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses, including but not limited to, all zoning applications, business license provisions, building code, and fire, electrical, plumbing, and health and safety code laws and regulations applicable to professional or personal services businesses.

C. This chapter establishes a local regulatory system that allows only state certified massage therapists and massage practitioners to operate within the City.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 284, § 5, 5-12-2015)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this Code, the Business and Professions Code, or Government Code.

"California Massage Therapy Council (CAMTC)" means the California Massage Therapy Council created pursuant to Business and Professions Code section 4500.5(a)

"Certified massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC, and who administers massage for compensation.

"Certified massage therapist" means a person who is currently certified as a massage therapist by the CAMTC, and who administers massage for compensation.

"City" means the City of Chino Hills.

"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 such other person designated by the City Manager.

"Disqualifying conduct" means and includes:

1. Within ten (10) years preceding the date of filing of the application in question or, in the case of revocation proceedings, within ten (10) years preceding the date of the revocation notice, the person has been convicted in a court of competent jurisdiction of any of the following:

a. A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code § 290;

b. Conduct in violation of California Penal Code §§ 266h, 266i, 314, 315, 316, 318, 653.22, 653.23, or § 647(a), (b), or (d);

c. An attempt to commit or conspiracy to commit any of the above mentioned offenses;

d. When the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code §§ 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;

e. Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage;

f. A violation of California Health & Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health & Safety Code §§ 11054, 11055, 11056, 11057 or 11058; or

g. Any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including California Business and Professions Code § 4609(a).

2. Within ten (10) years preceding the date of the filing of the application in question or, in the case of revocation proceedings, within ten (10) years preceding the date of the revocation notice, the person has had any massage establishment, operator, technician, practitioner, therapist, or trainee certificate, license, or permit issued by any state, local agency, or other licensing authority, including the CAMTC, denied, revoked, or suspended for any reason other than lack of sufficient education; or has had to surrender such a certificate, license, or permit as a result of pending criminal charges or administrative proceedings for suspension or revocation of any such certificate, license, or permit;

3. Within five (5) years preceding the date of filing of the application in question or, in the case of revocation proceedings, within five (5) years preceding the date of the revocation notice, the person has been convicted in a court of competent jurisdiction of any of the following:

a. Any crime, other than an infraction or those listed above, involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another; or

b. Any crime, other than an infraction or crimes relating to those offenses listed above, where the crime or act is substantially related to the management or ownership of a massage establishment or the practice of massage, including a violation of the Massage Therapy Act;

4. The person has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code §§ 11225 through 11235 as the same may be amended from time to time, or any similar provisions of law in a jurisdiction outside the State of California; or

5. The person has been found to be maintaining a nuisance in connection with the same or similar type of business; or

6. Within five (5) years preceding the date of filing of the application in question or, in the case of revocation proceedings, within five (5) years preceding the date of the revocation notice,

a. The person has engaged in the exposing of specified anatomical areas of oneself or of another person to view, or in touching the specified anatomical areas of oneself or of another person, while providing massage services or while within view of a customer or patron of the massage establishment; or

b. The person has been the owner, manager, or other similar position, in an establishment where the conduct described in subdivision (6)(a) above has occurred.

"Main entry door" means a door from the outside of the establishment leading into the reception area.

"Manager" means a person responsible for controlling, conducting, operating, or managing a massage establishment.

"Massage" means any method of pressure or acupressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices (including, without limitation, stones), with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations.

"Massage establishment" means and includes any massage establishment, parlor, or any room, place or institution where massage is given or administered by a massage technician for compensation.

"Massage technician" means any person, who gives, performs or administers to another person a massage for any form of consideration.

"Off-premises massage" means a massage conducted for money or any other consideration at a location other than a massage establishment.

"Off-premises massage technician" means any person who administers off-premises massage to another person in exchange for money or other consideration.

"Operator" means all persons who own or manage a massage establishment.

"Operator permit" means the permit issued by the city allowing a person to own or manage a massage establishment.

"Owner" means all of the following:

1. The sole proprietor of a massage establishment (i.e., where the owner is the only person performing massage at the establishment);

2. In the case of a general business, each person owning any portion of the business;

3. In the case of a corporation, each stockholder holding more than five (5) percent or more of the corporation, and each officer and director of the corporation;

4. In the case of a limited liability company, each person holding an interest in the company of five (5) percent or more, and each manager thereof; and

5. In the case of a partnership, each partner, excluding limited partners owning less than five (5) percent of the partnership, and where a partner is a corporation, the provisions pertaining to a corporate applicant in subparagraph (3) above apply.

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

"Person" means and includes person(s), firms, corporations, partnerships, associations or other forms of business organization or group.

"Reception area" means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons and visitors of the massage establishment and which is not a massage room or otherwise used for the provision of massage services.

"Residence address" means the actual physical home address and does not include a post office box, mailbox service, or other similar location.

"Specified anatomical areas" means and includes any of the following human anatomical areas: genitals, pubic regions, anuses, or female breasts below a point immediately above the top of the areola.

"Specified sexual activities" means and includes all of the following:

1. The fondling or other erotic touching of specified anatomical areas;

2. Sex acts including, without limitation, intercourse, oral copulation, or sodomy;

3. Masturbation; or

4. Excretory functions as part of or in connection with any specified sexual activity listed in this definition.

"Visitor" means a non-employee who has entered the massage establishment for purposes other than receiving services.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 284, § 6, 5-12-2015; Ord. No. 394, §§ 1, 2, 3-14-2023)

The Director is authorized to administer this chapter and to adopt administrative policies and procedures required to implement the regulations set forth in this chapter.

(Ord. No. 251, § 3, 1-24-2012)

A. Beginning January 1, 2024, no person shall own or manage any massage establishment in any location within the city without first having obtained an operator permit and no massage establishment may be operated within the city unless every owner and manager thereof possesses a valid operator permit.

B. Any person desiring to obtain an operator permit must make an application in accordance with the provisions of this chapter, which application must be accompanied by a nonrefundable fee in an amount established by resolution of the City Council.

C. Application; contents. Applicants for operator permits must submit the following information to the Director on a form supplied by the Director:

1. The full true name and any other names used by the applicant;

2. The current residence address and telephone number of the applicant;

3. The name and address of the massage establishment for which the operator permit is sought;

4. The business license or permit history of the applicant, including whether such applicant has ever had any certificate, license, or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation;

5. Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within four (4) months preceding the date of the application;

6. A copy of the applicant's CAMTC certification. If the applicant does not have a valid CAMTC certification, the applicant must submit all of the information required for, and obtain, a background clearance in accordance with Section 5.24.050;

7. A certification under penalty of perjury that the information contained in the application is true and correct;

8. An authorization for the city, its officers, agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and to ensure continual compliance with all applicable provisions of law; and

9. An acknowledgment that by applying for an operator permit, the applicant understands (i) that he or she is responsible for having a working knowledge of the city's regulations relating to massage establishment operations, (ii) that he or she is responsible for all violations of employees and independent contractors that may take place in the massage establishment that such person owns or manages, and (iii) that violations are grounds for revocation of the operator permit.

D. Within thirty (30) days following receipt of a complete application, or within sixty (60) days thereof if a background clearance is required of any applicant, the Director shall either issue the operator permit or mail a written statement of the reasons of denial thereof. Notwithstanding the foregoing, the failure of the city to act upon a complete application within the specified timeframe shall not be deemed an approval of the application.

E. The Director shall issue the operator permit unless he or she makes any of the following findings:

1. The applicant has made a material, false statement in the application.

2. The applicant, if an individual, or in the case of an applicant that is a corporation, limited liability company, or partnership, any of its officers, directors, managers, or holders of an ownership interest of five (5) percent or more, has engaged in disqualifying conduct as defined in Section 5.24.020.

3. The applicant is not at least eighteen (18) years of age.

4. The applicant has had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of certificate, license, or permit suspended within one (1) year or revoked within three (3) years immediately preceding the date of the filing of the applicant, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.

F. Duration; renewal. An operator permit will remain effective for a period of two (2) years unless revoked. Applications for renewal of an operator permit must be filed on a form supplied by the Director. The permittee will be required to update all information contained in his or her last operator permit application and provide any new and/or additional information as may be reasonably required by the Director in order to determine whether the permit should be renewed. If requested, current photographs must be supplied. Failure to supply the required information is grounds for nonrenewal of the permit, in addition to those grounds set forth in subparagraph (E) of this section. No temporary operator permit may be issued unless a complete renewal application was filed at least thirty (30) days prior to expiration without action having been taken by the Director.

G. Changes of operators. An operator or owner must report immediately to the Director any and all changes of ownership or management of the massage establishment including, without limitation, changes of operator, manager, holders of an ownership interest of five (5) percent or more, officers, directors, and partners.

H. Transfer of operator permit prohibited. No operator permit may be sold or transferred. Any such attempted sale, assignment or transfer shall be deemed to constitute a voluntary surrender of the permit and will render the permit null and void.

(Ord. No. 394, § 3, 3-14-2023)

A. Massage Establishment. It is unlawful for any person to own, operate or maintain a massage establishment unless all massage technicians employed by the massage establishment hold a current, valid certification from the CAMTC as a massage practitioner or massage therapist.

B. Massage Technician. It is unlawful for any person to engage in or carry on the business or activities of a massage technician or off-premises massage technician without a certification from the CAMTC as a massage practitioner or massage therapist.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 394, §§ 4, 5, 3-14-2023)

A. Any person, association, partnership, corporation, or other owner desiring to operate a massage establishment, that will own five percent or more of the massage establishment, and that is not a certified massage practitioner or certified massage therapist, must make an application to the Director for an investigation of the applicant's background and history, and must obtain background clearance as required by this section. A nonrefundable fee, in an amount set by resolution, must accompany the submission of each application to defray the cost of investigation, inspection and enforcement of this chapter. An annual nonrefundable renewal fee will also be charged to defray associated costs of investigation, inspection and enforcement.

1. No investigation of the applicant's background and history is required for renewal of permits where:

a. A background clearance was granted after the initial application and investigation;

b. An approval under this chapter has not been revoked in accordance with this chapter;

c. The owner has not been convicted of a violation of this chapter; and

d. The owner has not been assessed a civil penalty under this chapter.

B. Each applicant for a background check must submit the following information:

1. The full true name and any other names used by the applicant.

2. The present address and telephone number of the applicant.

3. Driver's license number and social security number.

4. The proposed address of the massage establishment.

5. Each residence and business address of the applicant for the three years immediately preceding the date of the application, and the inclusive dates for such address.

6. Written proof that the applicant is at least eighteen (18) years of age.

7. Applicant's height, weight, and color of eyes and hair.

8. Two photographs of the applicant at least two inches by two inches taken within four months preceding the date of the application.

9. Applicant's business, occupation and employment history for the five years immediately preceding the date of application.

10. The business license or permit history of the applicant, including whether such applicant has ever had any certificate, license, or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation.

11. All criminal convictions for any of the offenses set forth in this chapter, and a statement of the dates and places of such convictions.

12. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more partners is a corporation, the provisions of this section pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one application fee will be charged.

13. The full true names and other names used, and state certificates from the CAMTC for all massage technicians who will be working as employees or independent contractors at each massage establishment permit location. The applicant must provide the Director with copies of the CAMTC certificates for each massage technician that works at the massage establishment during the permit period within ten (10) working days of employment of the massage technician.

14. The Director may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.

15. Such other identification and information as may be required by the Director in order to verify the information to be included in the application.

C. The city is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the Police Department, Fire Department, Building and Safety Division, Code Enforcement Division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter. Upon completion of the inspection, the city representative must inform the Director in writing of the findings of the inspection.

D. Background clearance will be issued, within sixty (60) days of receipt of the application, to any applicant who has furnished all of the information required by this section in the application for such license, provided

1. The applicant has not made a material false statement in the application and that all massage technicians who will be working as employees or independent contractors at each massage establishment permit location possesses certification from the CAMTC as a massage practitioner or massage therapist.

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders or five (5) percent or more of the corporation's stock, has not engaged in disqualifying conduct as defined in Section 5.24.020;

3. The applicant is at least eighteen (18) years of age; and

4. The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of certification, license, or permit suspended within one (1) year or revoked within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 394, §§ 6—10, 3-14-2023)

A. Before operating a massage establishment in the city, massage establishment owners must comply with all applicable codes adopted by the city, including, without limitation, the building, electrical, and plumbing codes.

B. Before opening or operating a massage establishment, a massage establishment must obtain a conditional use permit as required by Title 16, Appendix A of this Code, except that massage establishments operating in compliance with all laws prior to June 12, 2015, may continue to operate as nonconforming uses in accordance with and subject to the limitations set forth in Section 16.82.020 of this Code.

C. Before operating any massage establishment or becoming engaged in the occupation of a certified massage practitioner or certified massage therapist, the individual or massage establishment proposing to conduct the business must obtain the required business license to do so and, in addition, unless otherwise specified, is subject to each and all of the terms, conditions and provisions of this chapter.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 284, § 7, 5-12-2015)

Any owner of a massage establishment must display the CAMTC certificates for all massage technicians prominently in a conspicuous place, capable of being viewed and read by visitors within the reception/lobby area. Each massage therapist must possess his or her CAMTC identification card on his/her person when working in a massage establishment or performing off-premises massage services.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 394, § 11, 3-14-2023)

It is unlawful for owners of massage establishments to allow any person to perform massage that is not a certified massage therapist or certified massage practitioner.

(Ord. No. 251, § 3, 1-24-2012)

It is unlawful for owners of massage establishments or massage technicians, to conduct or allow any of the following activities:

A. It is unlawful for any massage technician or any other employee working in a massage establishment, or customers, patrons, or guests of the establishment, to engage in any specified sexual activities upon the premises of the massage establishment.

B. It is unlawful for any massage technician or other employee of a massage establishment to expose specified anatomical areas in the presence of any patron, customer, or guest.

C. In the course of administering the massage, it is unlawful for any massage technician or other massage establishment employee to make intentional physical contact with the specified anatomical areas of any customer, patron or guest. Notwithstanding the forgoing, a massage technician may massage the breasts of a female patron provided the patron has provided the massage establishment and the massage technician with both (i) written consent, and (ii) a written referral from a licensed California health care provider.

D. No person within the massage establishment shall use or possess, nor shall there be any storage of, any sexually-oriented implements or paraphernalia that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

E. No alcoholic beverages may be sold, served, or furnished on the premises of any massage establishment without a valid alcoholic beverage license from the State and conditional use permit from the city.

F. The storage or sale of condoms or spermicides is prohibited within a massage establishment. The possession of condoms or spermicides by any owner, employee, or massage technician while inside any massage establishment is prohibited.

G. No operator of a massage establishment shall place, publish, or distribute or allow or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons or clients that any service is available other than those services described in this chapter and posted on the premises as required in this chapter. Nor shall any massage establishment employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter.

H. Off-premises massage may not be conducted in a hotel, motel, or other commercial establishment except in the office of the customer or at an employer-sponsored wellness or health-related event.

I. No person may administer an off-premises massage between the hours of 10:00 p.m. and 7:00 a.m.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 394, § 12, 3-14-2023)

It is unlawful for any massage establishment to operate unless the massage establishment premises and operation comply with the following minimum requirements:

A. Signs. A readable sign must be posted at the main entrance identifying the establishment as a massage establishment, provided, however, that all such signs must otherwise comply with the sign requirements of this code.

B. Lighting. Minimum lighting must be provided in accordance with the California Building Code, as adopted by this code, and, in addition, at least one unobstructed artificial light of not less than nine hundred (900) lumens must be provided in each enclosed room or booth where massage services are being performed on a patron.

C. Ventilation. Minimum ventilation must be provided in accordance with the California Building Code, as adopted by this code.

D. Disinfection of Instruments. Instruments used for massage must be disinfected before each use. Where instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.

E. Water. Hot and cold running water must be provided at all times.

F. Linen Storage. Closed cabinets must be utilized for the storage of clean towels and linen. After use, towels and linen must be removed and stored in a separate container until laundered.

G. Dressing and Toilet Facilities. Separate dressing and separate toilet facilities must be provided for male and female patrons. This condition does not apply to massage establishments that offer foot massage services and provide no other form of massage services or other type of activity regulated by this chapter.

H. Sanitary Conditions. All walls, ceilings, floors, steam, and vapor rooms, and all other physical facilities for the massage establishment must be kept in good repair and be maintained in a clean and sanitary condition.

I. Clean Linen. Clean and sanitary towels and linens must be provided for patrons receiving massage services. No common use of towels or linens is permitted.

J. Compliance with Laws. The premises to be used must at all times comply with all applicable state and local laws and regulations.

K. Any room in which a massage establishment provides massage services may not be used for residential sleeping purposes.

L. A register of all individuals employed as massage technicians, and copies of their current CAMTC certifications and massage technician business licenses, must be maintained and available for inspection at all times during regular business hours.

M. Each person who is present in a room in use for massage with the doors closed must be a certified massage practitioner or certified massage therapist, or the massage establishment owner or a patron. However, the following exceptions apply:

1. The parent or guardian of a patron who is a minor may be present in the massage therapy room with that minor;

2. A minor accompanying a patron may be present in the massage therapy room with the patron when necessary for the supervision of the minor; and

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

N. The permits and certifications required by this chapter must be displayed in an open and conspicuous public place on the premises.

O. Each service offered, the price thereof, and the minimum length of time such service shall be performed must be posted, or made available in a brochure, in English and such other languages as may be convenient to communicate such service, in a conspicuous public location in each massage establishment. No services may be performed, and no sums may be charged for such services other than those posted or set forth in the publicly available brochure. Nothing herein prohibits a voluntary tip from being paid by the patron.

P. Unless otherwise approved by a conditional use permit, massages may be administered only on standard or portable massage tables or chairs which are covered with a durable, washable plastic or other acceptable waterproof material. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four (4) inches thick or with a width of more than four (4) feet are not permitted in the establishment.

Q. Attire. Persons providing services in the massage establishment must not be dressed (i) in attire that is transparent, see-through, substantially exposes the massage technician's undergarments, or exposes the massage technician's breasts, buttocks, or genitals; (ii) in a manner that has been deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California; or (iii) in swim attire, unless such person is providing a water-based massage modality that has been approved by CAMTC.

R. All massage rooms and dressing rooms shall be screened off by hinged doors that can open inward. Swinging doors that can open inward, draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles. Except for bathroom doors, interior doors may not have locks on them.

S. One (1) main entry that enters into the reception area shall be provided for patron use. All patrons and any persons other than those providing services at the massage establishment shall be required to enter and exit through the front door of the establishment.

T. All exterior doors (except rear exterior doors used only for employee entrance to and exit from the massage establishment) must remain unlocked during business hours, and the establishment must comply with the provisions of the Chino Hills Municipal Code pertaining to the posting of signs stating that doors shall remain unlocked during business hours. Exits for fire safety purposes may be allowed where deemed necessary by the appropriate public safety agency. Notwithstanding the above, the external doors may be locked if only one (1) employee is in the massage establishment.

U. The massage establishment may not be equipped with a buzzer, alarm, or intercom system, except for alarms installed under massage tables for use of the patron. Nothing in this section shall be construed to prohibit fire/smoke alarms or to prohibit security systems that are approved by the city or automatic door chimes.

V. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area may block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs or darkens the view into the premises or by signs that cover more than twenty-five (25) percent of the window area. The interior of the establishment must be plainly visible from the exterior of the business by passing vehicles and pedestrians.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 394, §§ 13, 14, 3-14-2023)

This chapter does not apply to the following classes of individuals, and no CAMTC certification is required of such persons, while engaged in the performance of the duties of their respective professions:

A. Acupuncturists who are duly certified to practice their profession in the State of California.

B. Barbers, cosmetologists, estheticians, and manicurists who are duly licensed pursuant to Business and Professions Code § 7301 et seq., and who are engaging in practices authorized by their respective licenses pursuant to Business and Professions Code § 7316.

C. Nurses who are registered as such under the laws of the State of California.

D. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly permitted to practice their respective professions in the State of California or provide professional services in lawful compliance with Corporations Code § 13401(a).

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 394, § 15, 3-14-2023)

A. Inspections Authorized. Representatives of the City's Police Department, Fire Department, Community Development Department, and Code Enforcement Division, and agents for the city from the County Health Department and representatives of any state or local agencies with regulatory authority over massage establishments shall have the right to enter massage establishments, from time to time, during regular business hours, or at any time that the massage establishment is occupied or open for business, to verify the massage establishment is in compliance with the California Massage Therapy Act, this chapter and any implementing regulations, the City of Chino Hills' Municipal Code, and all other applicable laws without the need for an inspection or abatement warrant.

B. No person shall refuse to permit, cause delay of, or interfere with, a lawful inspection or compliance check of the premises by officials listed in subdivision (A) of this section at any time.

C. If, during an inspection, any massage technician is found not to be in possession of a valid, current CAMTC identification card, the representative conducting the inspection may photograph the massage technician for the purpose of verifying through CAMTC that the person is currently certified.

(Ord. No. 394, § 16, 3-14-2023)

Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance. The City Attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, commence an action or proceeding for abatement, removal or enjoinment of such massage establishment in the manner provided by law. The City Attorney may seek a court order to grant such relief to abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.

(Ord. No. 251, § 3, 1-24-2012)

A. Grounds for Revocation. With the exception of a conditional use permit, the Director may revoke any license, permit or other approval issued under this chapter for one or more of the following grounds:

1. Fraud or Deceit. That the licensee/permittee practiced fraud or deceit in obtaining an approval under this chapter;

2. Violation of Chapter. That the massage establishment owner, operator, massage technician, or its employee violated a provision or provisions of this chapter;

3. Criminal Conviction. That the licensee/permittee has been convicted in a court of competent jurisdiction of any offense described in this chapter;

4. Improperly Maintained Facilities. That the facilities and operations of the massage establishment are not kept in compliance with this chapter, and that the holder has failed to promptly remedy any deficiency of which the holder has been notified. For purposes of this subsection, notice shall mean notice given personally or by leaving notice at the massage establishment premises, or by first class mail, postage prepaid, to the address designated by the massage technician or facility pursuant to Section 5.24.050(B)(2);

5. Employment of Uncertified Technicians. That the massage establishment has employed, allowed or permitted an uncertified person to perform massage in the massage establishment;

6. Error. That the approval was issued in error;

7. Civil Penalties. Assessment of three (3) or more civil penalties as provided by this chapter during any six-month period; or

8. Prohibited Conduct. A massage establishment owner, operator, massage technician, or its employee or agent has been found to have engaged in prohibited conduct in violation of this chapter.

B. Notice of Revocation. Upon a determination on the grounds to revoke an approval under this chapter, the Director must cause a notice of revocation to be mailed by first class, postage prepaid mail, to the address designated by the massage technician or massage establishment pursuant to this chapter.

C. Suspension or Revocation of Conditional Use Permit. A conditional use permit issued to a massage establishment may be revoked or modified pursuant to Chapter 16.68 of this Code.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 284, § 8, 5-12-2015; Ord. No. 394, §§ 17, 18, 3-14-2023)

A. Any person violating any provision of this chapter is liable in a civil action brought by the City Attorney for an amount up to five hundred dollars ($500.00) per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the City Attorney in any civil proceeding filed to enforce this chapter.

B. Enforcing this chapter through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful. A civil action cannot be filed if the person is being criminally prosecuted.

C. Each violation of this chapter is a separate offense subject to the civil penalty.

D. The City Attorney may settle any civil enforcement before or after the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in this section. If such civil penalty is paid in full, the City Attorney may agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action. Imposition of all civil penalties is public record.

E. All civil fines must be deposited into the general fund.

(Ord. No. 251, § 3, 1-24-2012)

Any person denied an approval under this chapter or a massage establishment owner or operator whose approval has been revoked may appeal the denial or revocation in writing pursuant to the appeal procedures provided in by Chapter 1.20 of this Code. Such appeal must be in writing and must be filed with the City Clerk not more than fifteen (15) days following the Director's deposit into the mail of the notice of denial or revocation sent to the applicant or massage establishment owner or operator to the address listed by the applicant or massage establishment owner or operator pursuant to this chapter. Any successful appeal will result in approval or reinstatement of an approval and refund of any fines collected by the city. Notwithstanding the foregoing, any appeal of a suspension or revocation of a conditional use permit issued to a massage establishment must comply with Chapter 16.58 of this Code.

(Ord. No. 251, § 3, 1-24-2012; Ord. No. 284, § 9, 5-12-2015)

Any violation of this chapter is subject to punishment in accordance with Section 1.36.010 et seq. of the Chino Hills Municipal Code.

(Ord. No. 394, § 19, 3-14-2023)