City of Industry Municipal Code Ch. 5.20 Massage Therapy Regulations

Note: Prior ordinance history: Ords. 696 and 735.

For the purposes of this chapter, the following words and phrases will have the meaning set forth in this section:

"Ancillary use"

means that less than thirty percent of the gross floor area of a business or establishment is utilized for massage therapy.

"Business license officer"

means the city official or contractor designated by the city manager to administer the provisions of this chapter.

"CAMTC"

means the "California Massage Therapy Council" created under the Massage Therapy Law. The CAMTC is referred to as the "Massage Therapy Organization" in the Massage Therapy Law.

"CAMTC certificate"

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

"Employee"

includes independent contractors.

"Massage" or "massage therapy"

means the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and reflexology.

"Massage establishment"

means a business or establishment, including a sole proprietorship, that offers massage therapy within the city as an ancillary use, including all personal service businesses and professional offices where such massage therapy is not otherwise exempt under this chapter.

"Massage practitioner"

means any person who has been certified as a massage practitioner and maintains a current and valid CAMTC certificate under the Massage Therapy Law.

"Massage therapist"

means any person who has been certified as a massage therapist and maintains a current and valid CAMTC certificate under the Massage Therapy Law.

"Massage Therapy Law"

means Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600).

"Owner"

means: (1) a sole proprietor of; (2) a general partner of; or (3) each individual person who holds a twenty percent or greater ownership interest in, a massage establishment.

"Patron"

means any person who receives a massage in exchange for any form of consideration including the payment of money.

"Personal service business"

means a business providing non-medical personal, health, beauty, or grooming services to its customers as a primary use, including, but not limited to, beauty parlors, day spas, gyms, hair salons, health clubs, and nail salons.

"Preexisting massage establishment"

means any one of the three massage establishments existing in the city as of October 2011 where massage therapy was more than an ancillary use, which list of establishments is maintained by the city's planning department.

"Registered school"

means an institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Law.

"Specified criminal offense"

means:

Within five years of the date of the filing of the application has pleaded guilty or nolo contendere to, or been convicted in a court of competent jurisdiction of a misdemeanor or felony crime involving sexual misconduct, including, but not limited to: (1) Chapter 1 of Title 9 of the Penal Code (Sections 261 through 269) relating to sexual crimes; (2) Chapter 8 of Title 9 of the Penal Code (Sections 314 through 318.6) relating to indecent exposure, obscenity and disorderly establishments; or (3) Penal Code Section 647(a) or (b) relating to prostitution; or

Any similar offenses under the criminal code or penal of this state or any other states or countries; or

Having permitted, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in subsection 1 or 2 above (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal).

(Ord. 770 § 2, 2011)

No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location with the city, a massage business or establishment unless a massage business license is first obtained and maintained in accordance with the applicable provisions of this chapter and complies with all city, state, federal or otherwise applicable, codes, rules, regulations or laws. No massage practitioner or therapist holding a license under Section 5.20.030, or employed by a person holding such a license, may perform any massage therapy in any location other than the massage business or establishment specified on the license application, except for the performance of any outcall massage therapy by said licensee.

(Ord. 802 § 2, 2017)

A. No person may engage in, conduct, carry on, or perform massage therapy within the city unless such person has a CAMTC certificate.

B. No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in any location within the city, a massage establishment unless all persons providing massage therapy at or on behalf of the massage establishment have a CAMTC certificate.

(Ord. 770 § 2, 2011)

The requirements of this chapter do not apply to:

A. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to practice their respective profession in the state.

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

C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, hands, arms, or feet of their patrons.

D. State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees.

E. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the city.

F. Registered schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor.

(Ord. 770 § 2, 2011)

A. Massage Business License Required. The owner of each massage establishment, and any massage practitioner or massage therapist that desires to work as an independent contractor at a fixed location massage establishment, must obtain a massage business license prior to commencing operation or providing any massage therapy and must thereafter maintain a valid massage business license.

B. License Application. The application for a massage business license must be submitted to the business license officer on the form provided by the city and must contain all the information required to be provided on the application form.

C. Floor Plan. A fully dimensioned floor plan must accompany the license application. The floor plan must clearly dimension and label each room/area of the establishment including massage rooms, restrooms, reception areas and waiting rooms, dressing/locker rooms, linen storage cabinets, and indicate the location of each massage table/chair. The total gross floor area of the establishment and the area where massage therapy services are proposed to occur must be provided on the floor plans.

D. Inspection of Premises. Upon receipt of a complete initial application or renewal application, the business license officer will cause an inspection of the proposed premises of any fixed location massage establishment to be conducted for compliance with the facility requirements of this chapter and code.

E. Issuance or Denial of License.

1. The business license officer will issue the massage business license if all applicable requirements of this chapter and this code are satisfied.

2. If the business license officer finds that any of the applicable requirements of this chapter or this code are not satisfied, including any conviction for or the permitting of a specified criminal offense, recent history of prior massage business license or permit suspension or revocation, or evidence that the applicant has provided materially false information, the application will be denied.

3. The decision of the business license officer to deny a massage business license application or renewal may be appealed pursuant to the procedures set forth in Section 5.20.080 of this chapter.

F. License Renewal. A massage business license must be renewed annually, at which time the applicant must provide proof that all applicable requirements of this chapter and this code remain satisfied, and the applicable massage business license renewal fee is paid.

G. Transfer of License Prohibited. Upon the sale or transfer of any interest in a massage establishment, the massage business license will become void. The person acquiring the interest in a massage establishment must submit a new massage business license application and receive approval of such license in accordance with the provisions of this section.

H. Notification of Changes in Registered Massage Practitioners and Therapists. Each licensee must submit to the business license officer the names and applicable CAMTC certificate of any new massage practitioners or massage therapists not previously included in the list required as part of the license application or renewal who are hired or retained to provide massage therapy at or on behalf of the business prior to such person commencing the provision of any massage therapy services. In addition, any discharge or termination of the services of a massage practitioner or massage therapist must be reported to the business license officer within five business days of such event.

I. Revocation of License.

1. A massage business license may be revoked by the business license officer where it is found that any of the following have occurred:

a. The licensee has made a material misstatement in the license application or renewal application.

b. The licensee or any employee of the licensee has violated any provision of this chapter or code.

c. The licensee or any employee of the licensee has engaged in any specified criminal offense.

d. More than thirty percent of the total gross floor area of the business or establishment is used for massage therapy services.

2. If the business license officer determines that there is a sufficient basis to revoke a massage business license, the business license officer may issue a written order of revocation to the licensee stating the grounds for revocation of the license that must be sent by certified mail to the licensee's last known address or be personally delivered. The order must also provide notice that the license revocation will become final within fifteen days of the date of mailing or personal delivery of the order unless it is timely appealed in the manner provided in Section 5.20.080.

J. Effect of License Denial or Revocation. No person or entity may apply for a license under this chapter within at least one year from the date of denial or revocation of such license.

(Ord. 770 § 2, 2011)

A. Facility Requirements. Each fixed location massage establishment must comply with the following facility requirements:

1. A recognizable and legible sign, written in English and such other languages as may be convenient to communicate such services, complying with the requirements of this code posted at the main entrance identifying the location as providing massage therapy.

2. In addition to the minimum lighting required by the provisions of Title 15 this code, at least one artificial light of not less than forty watts must be provided in each room or enclosure where massage therapy is to be performed on patrons.

3. Closed cabinets must be provided and utilized for the storage of clean linen and towels. Appropriate receptacles must also be provided for the storage of all soiled linen and towels.

4. Adequate dressing, locker and toilet facilities must be provided for patrons. A minimum of one dressing room containing a separate locker for each patron to be served, which locker must be capable of being locked, and a minimum of one toilet and one wash basin must be provided by every massage establishment. Such basin must provide soap or detergent, hot and cold running water, and sanitary towels placed in permanently installed dispensers at all times.

5. Massage Table or Chair. A massage table or chair must be provided in each massage room and the massage must be performed on this massage table or chair. The massage tables must be positioned so that there is at least three feet from the nearest wall to each side to allow access to the table on all sides. Foam pads at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table or floor pad, as provided above, and must be covered with durable, washable plastic or other waterproof material. Beds and floor mattresses are not permitted on the premises.

B. Operational Requirements. Each fixed location massage establishment must comply with the following operational requirements:

1. General Cleaning. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet facilities must be thoroughly cleaned each day the establishment is in operation. Bathtubs must be thoroughly cleaned after each use.

2. Towels and Linen. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity. Towels, sheets, and linens must not be used by more than one person. Reuse of such linen is prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle.

3. Patron Garments. All bathrobes, bathing suits or other garments provided for the use of patrons must be either disposed of after any use or laundered as provided in subsection (B)(2) above.

4. Locked Doors. The doors to individual massage rooms may not contain locks. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours; provided, however, that the front entrance may be locked if there is no staff available to monitor the front entrance and a massage practitioner or therapist is providing massage therapy to a patron (e.g., a situation where there is a sole practitioner or single employee on duty at the massage establishment).

5. Service List and Prices. Each massage therapy service offered, the price of the service and the minimum length of time such service will be performed must be posted in a conspicuous public location in each massage establishment. The services must be described in readily understandable terms, all letters and numbers must be not less than one inch in height, and must be in English and such other languages as may be convenient to communicate such services. No services may be performed and no sums may be charged for such services other than those posted. All arrangements for services to be performed must be made in a room in the massage establishment that is not used for massage therapy unless no other room exists in the establishment.

6. Register of Employees. Every massage establishment must maintain a register of all employees. The register must contain the names of all employees, their home address, age, birth date, gender, height, weight, color of hair, eyes, telephone number, social security number, CAMTC certificate number, date of employment and termination, if any, and the duties of each employee. All such information must be maintained in the register for a period of two years following such employee's termination. Such employee register must be available for inspection at the massage establishment to representatives of the city during regular business hours.

7. Practitioner and Therapist Attire and Hygiene. To protect patrons from potential health and sanitary hazards, all massage practitioners and therapists must be clean and must perform all services in full, clean outer garments. Clothing must be of non-transparent material and must provide complete covering from mid-thigh to three inches below the collarbone.

8. CAMTC Certificate. All massage practitioners and therapists must have on his or her person or maintain on the premises their CAMTC certificate identification card. Such identification card must be provided to city officials upon demand. At least one person who has a CAMTC certificate must be on the premises at all times while the establishment is open for business.

9. Patron Attire. The patron's genitals, pubic area, anus and a female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any massage practitioner or therapist is in the massage therapy room or cubicle with the patron.

10. Improper Solicitation or Performance of Services.

a. Except to the extent required, in writing, by a state licensed medical practitioner, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron.

b. No massage practitioner, therapist, or other person may offer to or perform any act of prostitution as such term is defined in the California Penal Code.

c. No massage practitioner, therapist or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are publicly posted. (This regulation does not preclude the discussion with a patron in the lobby or public area of additional or alternative massage services that are not posted upon completion of the massage.)

d. No massage practitioner or therapist may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested.

11. Records of Treatments. Each massage establishment must keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage practitioner or therapist administering such treatment. Such records must be available for inspection by city or law enforcement representatives for the purposes of law enforcement and for no other purpose. The records must be maintained for a period of at least two years.

12. Access. The following persons may be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation: (a) massage practitioners and massage therapists; and (b) patrons, who may be accompanied by no more than one family member. Any other persons found beyond the first interior door leading to the inside of the premises including, but not limited to, hallways, massage rooms, business offices or lounge area will be a violation of this chapter. Nothing contained in this subsection prohibits any employee from being present in hallways, reception/business offices or other areas necessary or relating to such person's employment duties, nor prohibit any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person's services, except that no such employee or service personnel may be permitted in any massage room or cubicle while a patron is present in such room or space.

13. Licensee Responsibility. Each owner and holder of a massage establishment license is responsible for the conduct of all employees, agents, independent contractors or other representatives, while on the premises of the massage establishment and while providing any massage therapy on behalf of such establishment.

(Ord. 770 § 2, 2011)

City employees or agents charged with the responsibility for enforcing any of the provisions of this chapter may, from time to time, make an inspection of each fixed location massage establishment in the city during its hours of operation for the purpose of determining that all applicable laws are met. In order to facilitate the inspection of a massage establishment by city employees or agents, a complete set of the records required to be maintained under this chapter, including, but not limited to, the records required under Sections 5.20.060(B)(5) (service list and prices), 5.20.060(B)(6) (register of employees), and 5.20.060(B)(11) (records of treatments), must be maintained in English.

(Ord. 770 § 2, 2011)

A. License Denial.

1. An applicant may appeal the business license officer's denial of a license or license renewal by filing a written notice of appeal with the city clerk setting forth the grounds for disagreement with the decision within fifteen days of the date of the decision. The appeal must be accompanied by the applicable appeal fee.

2. The city clerk will then fix a time and place for the hearing of such appeal before the city manager or the manager's designee, and must give notice to the appellant of the time and place of the hearing by certified mail or personal delivery to the appellant at the address provided in the appeal.

3. At the hearing, the city manager or designee will have authority to determine all questions raised on such appeal, provided that no such determination may conflict with any substantive provision of this code or other applicable law. The decision of the city manager or designee will be final, and will be effective upon the date that written notice of the decision is sent by certified mail or personally delivered to the appellant.

B. License Revocation.

1. A licensee may appeal the business license officer's revocation order by filing a written notice of appeal with the city clerk setting forth the grounds for disagreement with the order within fifteen days of the date of the decision. The appeal must be accompanied by the applicable appeal fee.

2. If an appeal is timely filed, the matter will be scheduled for a hearing before a city-appointed administrative hearing officer. The filing of such appeal will stay the revocation order until a final decision is made by the hearing officer. The licensee, and any other persons requesting notice, must be given at least ten days' written notice of the time and place of such hearing.

3. At the hearing, the hearing officer will determine whether a sufficient basis exists for the revocation of the license based upon the applicable staff reports and such other evidence as may be presented that is relevant to the proceedings. The licensee will be given a reasonable opportunity to be heard in conjunction with the appeal proceedings. The burden of proof will be upon the city to show that the facts and evidence is sufficient to constitute a basis for the revocation of the license. The proceedings before the hearing officer will be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, will not be applicable. However, city officials or representatives and the licensee will have the right of subpoena.

4. The hearing officer must issue a written decision on the appeal within ten days of the conclusion of the hearing unless the city and the licensee agree to a different deadline. Notice of such decision must be provided to the licensee by certified mail or personal delivery.

5. The decision of the hearing officer will be effective upon the date of mailing or personal delivery of the decision, and will be final.

(Ord. 770 § 2, 2011)