Chino Municipal Code Ch. 5.24 Massage Establishments and Providers

Footnotes:

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Editor's note— Ord. 2014-011, § 1, adopted July 15, 2014, amended ch. 5.24 in its entirety to read as herein set out. Former ch. 5.24, §§ 5.24.010—5.24.200, was entitled "Massage Establishments", and derived from Ord. 2007-02 § 4 (part), 2007.

A. Without regulation, massage establishments can become places for prostitution and other illegal activities and can pose significant risks to massage patrons from improperly or insufficiently trained massage technicians and practitioners.

B. The regulations imposed by this article are reasonably necessary to protect the health, safety and welfare of the residents and visitors of the city and are consistent with all applicable laws of the state of California.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

"CAMTC" means the California Massage Therapy Council, a state authorized massage therapy organization formed pursuant to California Business and Professions Code Section 4602.

"CAMTC certificate" means the certificate issued by the CAMTC pursuant to Section 4602 of the California Business and Professions Code to an individual to provide massages as a massage therapist or practitioner.

"Independent contractor" means anyone other than salaried employees who work in or render any services directly related to the operation of the massage establishment, whether or not that person receives compensation.

"Massage" means any rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating the external parts of the human body; with or without the aid of any mechanical or electrical apparatus and with or without the use of heat, light, water, alcohol, oils, lotions, ointments or other topical preparations; and regardless of whether accompanied by any sauna, tub, shower or bath. "Massage" includes the practice of reflexology.

"Massage establishment" means any business or enterprise having a fixed place of business or at a location designated by the patron where any person for any consideration whatsoever performs or engages in massages as defined in this section, whether or not other facilities or services are offered.

"Operator" means any person who supervises, manages, directs, organizes, controls or is otherwise responsible for the operation, conduct or activities of a massage establishment.

"Owner" means the individual(s) whose name appears on the city business license and includes any and all persons who have any ownership interest in a massage establishment, whether or not their names appear on the city business license.

"Reflexology" means a technique or practice that applies finger and thumb pressure to specific reflex points on the hands or feet.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

A. Unless otherwise specified in this chapter, all provisions of this chapter shall apply to all massage technicians and practitioners and massage establishments.

B. This chapter shall not apply to the following:

1. Licensed Professionals. Persons holding a valid certificate or license to practice the healing arts under the laws of the state of California including, but not limited to, licensees in the medical fields such as physicians, surgeons or chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses;

2. State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-licensed physical or mental health facilities and their employees operating pursuant to that license;

3. Recognized schools of massage and their students in training, provided the students provide massage only under the direct personal supervision of an instructor;

4. Barbers and cosmetologists who are licensed under the laws of the state of California while providing massage within the scope of their licenses, provided that the therapy is limited solely to the neck, face, scalp, feet and lower limbs up to the knees, hands and arms of their patrons;

5. Persons who provide massage to amateur, semi-professional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation in the city.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

Except as specified by this section, it is a violation of this chapter for any person to provide massages in the city, or for any massage establishment to employ, contract with or otherwise provide or rent space to a person providing massages, unless such person first obtains and continues to maintain a valid CAMTC certificate.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

A. Massage establishments shall file and maintain with the finance department, copies of valid CAMTC certificates held by all persons who are providing massage services through or at the massage establishment, including independent contractors, and such shall be filed prior to operation of the massage establishment.

B. Massage establishments shall maintain at all times on their premises evidence for review by the city that demonstrates all persons providing massage services through or at the massage establishment are currently CAMTC certified, as required by this chapter.

C. The owner or operator of the massage establishment shall keep a complete and current list of the names and CAMTC certificate numbers of all massage therapists and massage practitioners, and the name and residence address of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This list shall be kept at the premises and be available for inspection by city officials.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017)

A. All massage establishments shall obtain and continuously maintain a valid business license pursuant to this code and pay all applicable business licensing fees. Any business license obtained pursuant to this section and Section 5.04.380, or a true and accurate copy thereof, shall be posted in a conspicuous place on the premises of the massage establishment, and shall be presented, upon request, to a representative of the city or public pursuant to Section 5.04.480 of this code.

B. Prior to applying for a business license to engage in massage services pursuant to this chapter and Section 5.04.400 of this code, any person or business must obtain the property owner's written permission to apply for a business license to engage in massage services. The issuance of any license pursuant hereto or to Section 5.04.400 does not excuse an applicant from complying with requirements of this section. A failure to obtain the property owner's written consent or any violation of this section shall cause any business licensed issued to be null and void.

C. The city may deny, suspend, revoke, or fail to renew any business license to operate a massage establishment upon the finding of any violation of this code, any other code adopted by this code, or any state law that occurred on the premises of or in connection with a massage establishment, or upon a finding that information that was provided in the process of obtaining a business license was materially false. If a business license is suspended or revoked, no massages shall be provided at, by or through the massage establishment anywhere in the city until the city issues a new business license or the suspension is lifted.

D. The city shall not issue or allow a transfer of a business license to operate a massage establishment, or any other type of business, to any applicant or entity if:

1. The applicant has had a license to operate a massage establishment or other permit denied, suspended or revoked by the city or any other city, county, state, local agency, or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

2. The property upon which the proposed massage establishment will operate as indicated in the application has had a prior revocation of a business license for a massage establishment or state massage certificate or the property was associated with criminal activity relating to massage establishment activity within the last ten years. The new applicant must not have any affiliation with the previous owner(s) or employee(s) or subcontractor(s).

E. A determination by the city to deny, suspend, revoke, or fail to renew a business license for a massage establishment may be appealed pursuant to Section 5.04.300 of this code.

F. No person or entity shall operate a massage establishment anywhere in the city without first obtaining a special conditional use permit from the city. An application for a special conditional use permit shall be filed in accordance with the "Zoning Code of the city of Chino, California" codified as Title 20 of this code.

G. No massage establishment shall be located or operated within five hundred feet of any other massage establishment operating in the city, as measured from the closest parcel line to the massage establishment.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017; Ord. 2022-016, § 7, 10-18-2022.)

Editor's note— Ord. 2017-008, § 3, adopted Aug. 15, 2017, changed the title of § 5.24.060 from "Massage establishments - business license" to read as herein set out.

A. Subject to applicable provisions of this code, a recognizable and approved sign shall be posted at the main entrance of the massage establishment identifying the business as a massage establishment. In no case shall any sign or combination of signs, including those required pursuant to this chapter, exceed more than twenty-five percent of the surface area of any window, door, or other transparent barrier.

B. It is a violation of this code for any person to intentionally, knowingly, or negligently cause or fail to prevent advertisement of sexual services at a massage establishment.

C. Minimum lighting shall be provided in accordance with this code and adopted codes, and in addition, at least one artificial light of at least forty watts shall be provided in each room or enclosure where massages are performed and for each approximate one hundred square feet of indoor space. Lighting required under this section shall be activated at all times while a patron is in such room or enclosure.

D. No massage establishment shall operate nor shall any massage be administered in any massage establishment between the hours of eleven p.m. and eight a.m. The hours of operation must be displayed in a conspicuous place in the lobby within the massage establishment and in any front window clearly visible from outside the establishment.

E. A business manager shall be located on the premises of the massage establishment at any time business is occurring, massage services are being provided, or any patron is present on the premises.

F. Areas where massages are to be performed shall be separated by a non-lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a "peep hole" or any other device that allows anyone to see into or out of this room when the door is closed.

G. All rooms in which massage services are provided must be maintained in a clean manner with an adequate supply of clean towels and linens, stored in closed and clean cabinets when not in use.

H. Only professional massage tables that are generally accepted in the professional massage industry may be placed in massage rooms and used for massage services. Massage tables must be covered with clean sheets that must be changed between clients. No beds or mattresses are allowed in any rooms at a massage establishment.

I. After a towel, linen or sheet has been used once, it shall not be used again until properly laundered and sanitized.

J. Any bathrobe or garment provided to a patron must first be properly laundered and sanitized.

K. All liquids, creams or other topical preparations used on or made available to patrons shall be kept in clean and closed containers, distinctly labeled to disclose contents.

L. No massage shall be provided which results in intentional contact with genital, anus or areola areas.

M. The genital areas, including the public areas, anus, and female breasts of all patrons of the massage establishment must be covered with clothing or, at least, with a nontransparent, clean and whole blanket at all times.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

A. All individuals providing massages shall wear clean, nontransparent outer garments at all times. Such garments must cover the body from at least the mid-thigh to at least two inches below the collarbone and all genitals must be completely covered at all times.

B. All individuals providing massages shall thoroughly wash their hands with soap and water or other sanitizing agent immediately before and after a massage.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

The owner or operator of a massage establishment must notify the finance department in writing of any intent to rename, change management or convey a massage establishment to another person or entity at least five business days prior to such actions. A new business license must be obtained from the city in the event of a change of name or ownership in the massage establishment. If a business license to operate a massage establishment has been revoked or suspended pursuant to this code, the city may deny a business license to any business operated under the same name, same entity or by the same officers, managers or individuals responsible for or owning the massage establishment for which a license has been revoked or suspended regardless of any name change, change in management or conveyance of a massage establishment to another person or entity.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

A. Pursuant to this section and Section 5.04.530 of this code, the city may conduct reasonable, unscheduled inspections of massage establishments during regular business hours, or during any hours of operation, to ensure compliance with this chapter, the city's code, California Business and Professions Code section 4600 et seq., and other applicable fire and health and safety requirements.

B. No person shall interfere with or prevent the city or its representatives from lawful inspections conducted pursuant to this chapter. It is a violation of this chapter and misdemeanor to fail to comply with this section.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

Nothing contained in this chapter shall be construed to exempt any person from the provisions of any other applicable ordinance, rule or regulation, including but not limited to, those pertaining to zoning.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017.)

A. It shall be a violation of this chapter for any person or business, including, but not limited to, any principal, agent, clerk, employer, officer, employee, or property owner, to intentionally, knowingly, or negligently cause or permit any violation of this chapter.

B. Any violation of this chapter or applicable state law, including, but not limited to, California Business and Professions Code Section 4600 et seq., is hereby declared a misdemeanor and a public nuisance that may be abated, punished or enjoined by the city by any means available at law, including injunctive relief. The remedies provided herein are intended to be cumulative and may be utilized in conjunction with or in lieu of other remedies provided by law.

C. No massage establishment shall be established or re-established in a location in which a massage establishment has been closed due to criminal activity within the last ten years, whether or not any person has been convicted for criminal conduct.

(Ord. 2014-011, § 1, 2014; Ord. 2017-008, § 3, 2017; Ord. 2022-016, § 8, 10-18-2022.)