Coachella Municipal Code Ch. 5.36 Massage Therapy Businesses

A. The purpose of this chapter is to: (1) insure the protection of the public's health and safety and the personal safety of massage therapist through the establishment of certain licensing standards pertaining to massage therapy business activities within the city; (2) to provide for the consistent regulation and reciprocal permitting of massage therapy business activities throughout the Coachella Valley; and (3) to recognize massage therapy as a legitimate business occupation and health enhancement service.

B. Nothing in this chapter is intended to permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.

(Ord. 861 § 1 (part), 2001)

A. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this section:

"Applicant" means the individual seeking a permit pursuant to this chapter.

"Certified copy" means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

"Certified statement" means a written assertion, claim or declaration bearing the original signature of the issuer.

"City" means the city of Coachella.

"City manager" means the city manager of the city of Coachella.

"Communicable disease" means tuberculosis, or any disease which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service as permitted under this chapter.

"Complete application" means an application which provides all of the requisite information required to be provided by an applicant pursuant to this chapter and is accompanied by the requisite application deposit fees.

"Director" means the director of community development.

"Disqualifying conduct" means any of the following when occurring within five years of any application made pursuant to this chapter: (a) pandering as set forth in California Penal Code Section 266, subdivision (i); (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315; (c) keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in California Penal Code Section 316; (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318; (e) lewd conduct as set forth in California Penal Code Section 647, subdivision (a); (f) prostitution activities as set forth in California Penal Code Section 647, subdivision (b); (g) any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b); (h) any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; (i) any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; (j) any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy establishment owner or operator, or as a massage therapist; or (k) any felony the commission of which occurred on the premises of a massage therapy establishment.

"Employee" means a person who works for any permittee, regardless of whether or not such person is paid a salary, wage or other compensation by the permittee.

"Establishment" means any of the following: (a) the opening or commencement of a massage therapy related business as a new business or as an accessory use to an existing business; (b) the conversion of an existing business, whether or not it is a massage therapy business, to any other type of massage therapy business as defined in this chapter; (c) the relocation of any massage therapy business to any other location; or (d) the substantial enlargement of an existing massage therapy business.

"Filing date of application" means the date on which the city determines that a complete application has been submitted to the city by the applicant.

"Full nudity or semi-nudity" means any of the following: (a) the appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola; and/or (b) a state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

"Massage" or "massage therapy" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body, excluding any specified anatomical area other than the gluteal region, with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

"Massage therapy establishment" means any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business that has been issued a massage therapy establishment permit pursuant to this chapter.

"Massage therapist" means an individual who has obtained a permit as required by this chapter to engage in the practice of massage for compensation, whether in a massage establishment as an employee or independent contractor or on an outcall massage therapy basis.

"Off-premises massage" means a massage performed at a location that is not a massage therapy establishment for which a permit to operate as a massage therapy establishment has been granted by the city.

"On-site manager" means the person who supervises, directs or manages the employees including, but not limited to, all massage therapists performing massage therapy services at a massage therapy establishment.

"Operator" means any of the following: (a) the owner; (b) the permit holder; (c) custodian; (d) manager; or (e) person in charge of any massage therapy establishment.

"Outcall massage therapist" means any individual who engages in or performs massages for consideration at an "off-premises" location (as that term is defined herein) and who has been granted a valid massage therapist permit with an off-premises endorsement.

"Patron" means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

"Permit" means a massage therapy permit as required by this chapter which is a written license to engage in the practice of massage for compensation, whether as a massage therapy establishment, a massage therapist permit, or a personal massage therapist authorized to perform massage therapy as an employee or independent contractor at a massage therapy establishment.

"Permittee" means the person in whose name a permit to operate or perform certain massage therapy business activities has been issued pursuant to this chapter whether for the operation of a massage therapy establishment or an outcall massage therapy service or as a personal massage therapist.

"Person" means any of the following: (a) an individual; (b) a proprietorship; (c) a partnership; (d) a corporation; (e) an association; or (f) any other legal entity.

"Personal massage therapist" means any person who is permitted under this chapter to perform massage activities as an employee of a massage therapy establishment or an independent contractor at a massage therapy establishment.

"Physician's certificate" means a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by such physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter.

"Police chief" means the chief of police of the city of Coachella.

"Reciprocal permit" means a permit issued by the city based solely on the fact that applicant holds a valid massage therapist permit issued by another city pursuant to the Coachella Valley model massage ordinance.

"Reception area " means the area of a massage therapy establishment where patrons or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of such business, or otherwise check in for their massage therapy sessions.

"Recognized school of massage" means any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

"Specified anatomical area" means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

"Specified sexual activities" means any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, anus, or female breasts; (b) sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or (c) excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

"Stand-alone massage therapy establishment" means a massage therapy establishment that is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business.

"Transfer of ownership or control of a massage therapy establishment" means any of the following, whether voluntary or involuntary: (a) the sale, lease or sublease of the business; (b) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (c) the establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

B. Where terms are not specifically defined in this chapter, in this code, in any applicable statute, rule, code or regulation, or in any of the Uniform Codes adopted and incorporated by reference by this code, they shall have the meanings set forth in their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation described in this chapter.

C. Words used in the singular include the plural and the plural the singular.

D. Words used in the masculine gender include the feminine and the feminine the masculine.

(Ord. 861 § 1 (part), 2001)

The provisions of this chapter shall not apply to any of the following:

A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the state of California, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of such license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the state of California to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first obtaining a personal massage therapist permit pursuant to the provisions of this chapter.

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

C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the state of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or patron for cosmetic or beautifying purposes.

(Ord. 861 § 1 (part), 2001)

A. A person may operate, maintain, run, or manage a massage therapy establishment only if that person has been validly issued a massage therapy establishment permit by the city pursuant to this chapter for the subject massage therapy establishment.

B. A person may perform, practice, administer, or conduct massages in exchange for money, gratuities, or any other legal consideration at a massage therapy establishment only if that person has been validly issued a personal massage therapist permit by the city pursuant to this chapter for the subject massage therapy establishment.

C. A person may operate, maintain, run, or manage an outcall massage therapy service only if that person has been validly issued a massage therapist permit with an off-premises endorsement by the city pursuant to this chapter for the subject outcall massage services.

D. When extra massage therapists are required for a one-day special event at a massage therapy establishment permitted to operate in the city pursuant to this chapter, the permittee shall complete a special event application as described in this chapter.

E. Unless specifically exempted by state law, the fact that a person possesses other types of permits and/or licenses does not exempt him or her or her from the requirement of obtaining a massage therapy permit to operate such a business in the city as set forth in this chapter.

F. The provisions set forth in this section apply to the "establishment," as defined by this chapter of any massage therapy establishment or outcall massage therapy service operating or providing service within the city.

(Ord. 861 § 1 (part), 2001)

A. When extra massage therapists are required for a one-day special event at a massage therapy establishment pursuant to this chapter, the permittee shall complete a special events application. The application form shall be provided by the city and shall request the following information:

1. The name of the applicant;

2. The address of the special event;

3. A copy of the massage therapy establishment permit validly issued by the city pursuant to this chapter;

4. A list of the massage therapists who will be working at the special event;

5. Copies of each massage therapists' diploma or certificate of graduation from a recognized school of massage verifying that the massage therapist has completed at least three hundred (300) hours of massage therapy training;

6. Copies of any validly issued massage therapy license or permit the participating massage therapists may have from other cities;

7. A declaration signed under penalty of perjury by each participating massage therapists that he or she does not have any communicable disease which is capable of being transmitted to patrons through the kind of physical contact normally associated with the massage activities described in this chapter;

8. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any of the following: (a) pandering as set forth in California Penal Code Section 266i; (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315; (c) keeping a disorderly house as set forth in California Penal Code Section 316; (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318; (e) lewd conduct as set forth in California Penal Code Section 647, subdivision (a); or (f) prostitution activities as set forth in California Penal Code Section 647, subdivisions (a) or (b);

9. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266i, 315, 316, 318, or 647 (a) or (b);

10. A declaration signed under penalty of perjury by each participating massage therapist that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

11. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; and

12. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058.

B. Each participating massage therapist shall provide the city with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant.

C. All of the above information shall be submitted to the city at seven days before the date of the special event.

D. The applicant shall pay an application deposit fee of one hundred dollars ($100.00) for each one-day permit at the time of filing an application pursuant to this section. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city manager before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

E. Grounds for denial of the special event permit shall include any of the grounds for denial set forth in this chapter.

F. The decision of the city manager or his or her designee shall be final.

G. Nothing in this section shall be construed to permit such massage therapists to perform or conduct any massage therapist activities at any other location in the city at any other time, unless such massage therapist has obtained a validly issued massage therapist permit pursuant to this chapter.

(Ord. 861 § 1 (part), 2001)

A. Upon a finding of good cause therefor, the city manager or his or her designee may issue a temporary permit to any person who possess a valid permit issued by any other governmental entity pursuant to requirements that are similar to those set out in this chapter, including the training, physical clearance, fingerprinting and background investigation requirements.

B. Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Such request shall be submitted to the city manager, or his or her designee, together with the following:

1. A certified copy of a valid permit issued by any other jurisdiction;

2. A certified copy of the provisions of the chapter or other local law pursuant to which the permit was issued by such other jurisdiction;

3. Proof of identification; and

4. A nonrefundable application deposit fee of twenty-five dollars ($25.00).

C. All temporary permits shall automatically expire thirty (30) days after the date of issuance of the subject temporary permit. The city manager, or his or her designee, shall have the discretion to extend the term of any temporary permit an additional thirty (30) days provided that the entire term of the subject temporary permit does not exceed a total period of ninety (90) days.

D. The city manager, or his or her designee, may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and intent of this chapter is met.

(Ord. 861 § 1 (part), 2001)

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter.

(Ord. 861 § 1 (part), 2001)

No certificate of occupancy shall be issued for any newly constructed structure or substantial enlargement of a structure that will contain a massage therapy establishment until a massage therapy establishment permit has been validly issued for the subject premises pursuant to this chapter.

(Ord. 861 § 1 (part), 2001)

A. No business license shall be issued to any person for any massage therapy business unless such person has first obtained a validly issued massage therapy establishment permit pursuant to this chapter.

B. No business license shall be issued to any person operating a personal massage therapist business unless such person has first obtained a validly issued personal massage therapist permit.

C. No business license shall be issued to any person operating an outcall therapist business unless such person has first obtained a validly issued personal massage therapist permit with an off-premises endorsement.

(Ord. 861 § 1 (part), 2001)

The city manager or his or her designee shall be responsible for granting or denying all massage therapy establishment permits, all personal massage therapist permits and all off-premises endorsements and such permits and endorsements shall only be granted or denied pursuant to the provisions described in this chapter or any other applicable law.

(Ord. 861 § 1 (part), 2001)

A. An application for a massage therapy establishment permit shall be made on a form provided by the city.

B. If an applicant does not hold a current personal massage therapist permit issued by another jurisdiction that has adopted the Coachella Valley model massage ordinance, application for issuance of a personal massage therapist permit by the city shall be made, under oath, on a form provided by the city. The following information and the following documents shall be included with the submission of all such applications:

1. The applicant's legal name, any aliases and date of birth;

2. A certified letter of intent to employ from the operator of a massage therapy establishment lawfully operating within the city. Each such letter shall verify that the operator of the massage therapy establishment has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage therapy at that facility;

3. The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different;

4. Written evidence that the applicant is at least eighteen (18) years of age;

5. The previous home addresses of applicant for the ten (10) years prior to the filing date of the application and the dates of residency at each such address;

6. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant of the ten (10) years prior to the filing date of the application and the dates applicant owned, operated or managed each such business;

7. Employment history for the ten (10) years prior to the date of application, and all massage or similar business history and experience;

8. Two front-face portrait photographs taken within thirty (30) days of the date of application, at least two inches in size;

9. Applicant's weight, height, color of hair and eyes, and sex;

10. Applicant's driver's license number or identification number;

11. Applicant's fingerprints taken within the previous sixty (60) days by an agency approved by the city manager or his or her designee;

12. Applicant's social security number and/or state or federal issued tax identification number;

13. Proof, in the form specified here, that applicant is: (i) a graduate of a recognized school of massage; or (ii) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by such board. Proof of graduation from a recognized school of massage shall require both of the following:

a. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage; and

b. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least three hundred (300) hours of massage therapy training. If the application is submitted concurrently with an application for an off-premises endorsement, the minimum hours of training shall be as set out below for an off-premises endorsement application.

14. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by such physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter;

15. A list of all of applicant's convictions, excluding traffic violations;

16. Statement of whether or not the applicant has ever been convicted of any disqualifying conduct;

17. Statement of whether or not applicant is required to register as a sex offender pursuant to California Penal Code Section 290;

18. Statement of whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation;

19. Statement of whether or not applicant has been as sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by an entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation and the reason(s) for the denial, suspension or revocation;

20. Authorization for the city manager, or his or her designee, to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested personal massage therapist permit;

21. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct; and

22. The applicant shall pay a nonrefundable application deposit of one hundred fifty dollars ($150.00) at the time of filing an application to defray the costs of administering this chapter.

C. The applicant shall provide proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.

D. The applicant and the prospective on-site manager, if other than the applicant, shall provide the city with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and to determine whether applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit.

E. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

F. The applicant shall pay an application deposit fee of two hundred dollars ($200.00) at the time of filing an application pursuant to this chapter to pay for the administrative costs associated with the community development department's review of the application and the fingerprinting costs and background investigation costs of the police department. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the community development department before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 861 § 1 (part), 2001)

A. An application for a personal massage therapist permit shall be made on a form provided by the city.

B. If an applicant does not hold a current personal massage therapist permit issued by another jurisdiction that has adopted the Coachella Valley model massage ordinance, application for issuance of a personal massage therapist permit by the city shall be made, under oath, on a form provided by the city. The following information and the following documents shall be included with the submission of all such applications:

1. The applicant's legal name, any aliases and date of birth;

2. A certified letter of intent to employ from the operator of a massage therapy establishment lawfully operating within the city. Each such letter shall verify that the operator of the massage therapy establishment has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage therapy at that facility;

3. The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different;

4. Written evidence that the applicant is at least eighteen (18) years of age;

5. The previous home addresses of applicant for the ten (10) years prior to the filing date of the application and the dates of residency at each such address;

6. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant of the ten (10) years prior to the filing date of the application and the dates applicant owned, operated or managed each such business;

7. Employment history for the ten (10) years prior to the date of application, and all massage or similar business history and experience;

8. Two front-face portrait photographs taken within thirty (30) days of the date of application, at least two inches in size;

9. Applicant's weight, height, color of hair and eyes, and sex;

10. Applicant's driver's license number or identification number;

11. Applicant's fingerprints taken within the previous sixty (60) days by an agency approved by the city manager or his or her designee;

12. Applicant's social security number and/or state or federal issued tax identification number;

13. Proof, in the form specified here, that applicant is: (i) a graduate of a recognized school of massage; or (ii) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by such board. Proof of graduation from a recognized school of massage shall require both of the following:

a. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage; and

b. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least three hundred (300) hours of massage therapy training. If the application is submitted concurrently with an application for an off-premises endorsement, the minimum hours of training shall be as set out below for an off-premises endorsement application.

14. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by such physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter;

15. A list of all of applicant's convictions, excluding traffic violations;

16. Statement of whether or not the applicant has ever been convicted of any disqualifying conduct;

17. Statement of whether or not applicant is required to register as a sex offender pursuant to California Penal Code Section 290;

18. Statement of whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation;

19. Statement of whether or not applicant has been as sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by an entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation and the reason(s) for the denial, suspension or revocation; and

20. Authorization for the city manager, or his or her designee, to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested personal massage therapist permit.

C. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct.

D. The applicant shall pay a nonrefundable application deposit of one hundred fifty dollars ($150.00) at the time of filing an application to defray the costs of administering this chapter.

(Ord. 861 § 1 (part), 2001)

If an applicant does not hold a current permit with an off-premises endorsement issued by another jurisdiction pursuant to the Coachella Valley model massage ordinance, application for an off-premises endorsement to a personal massage therapist permit issued by the city shall be made, under oath, on a form provided by the city. The following information, documents and other requirements shall be included with the submission of all such applications:

A. The applicant's legal name;

B. A copy of the applicant's personal massage therapist permit issued pursuant to this chapter, or reciprocal permit, if application therefor is not submitted concurrently;

C. Proof, in the form specified here, that applicant is: (i) a graduate of a recognized school of massage; or (ii) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by such board. Proof of graduation from a recognized school of massage shall require both of the following:

1. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage; and

2. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least five hundred (500) hours of massage therapy training.

D. Authorization for the city manager, or his or her designee, to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested off-premises endorsement.

E. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct.

F. The applicant shall pay a nonrefundable application deposit of fifty dollars ($50.00) at the time of filing an application for an off-premises endorsement to defray the costs of administering this chapter, which fee shall be in addition to any other permit application fees.

(Ord. 861 § 1 (part), 2001)

A. If an applicant holds a current massage therapist permit issued by any other jurisdiction pursuant to the Coachella Valley model massage ordinance, then application for a reciprocal massage therapist permit may be made by submission, to the city manager or his or her designee, of all of the following:

1. A certified copy of a current massage therapist permit issued, pursuant to the Coachella Valley model massage ordinance, by any other jurisdiction;

2. A certified copy of the original and all renewal applications related to the massage therapist permit issued by any other jurisdiction pursuant to the Coachella Valley model massage ordinance; and

3. A nonrefundable application fee of twenty-five dollars ($25.00) to defray costs of administering this chapter.

B. If the massage therapy permit submitted in support of an application for a reciprocal permit includes an off-premises endorsement, the application shall be deemed an application for both a personal massage therapist permit and an off-premises endorsement and no further documentation, information or fees shall be required in order to apply for an off-premises endorsement to the reciprocal permit.

(Ord. 861 § 1 (part), 2001)

A. All applications shall be submitted to the city manager, or his or her designee;

B. Upon receipt of an application and payment of the nonrefundable application deposit fee, the city manager or his or her designee shall immediately stamp the application as received on that date. Within thirty (30) days thereafter, the city manager, or his or her designee, shall notify the applicant if the application is deemed complete. Any subsequent submission shall be deemed a new application.

C. Upon receipt of a completed application, the city manager, or his or her designee, shall cause an investigation to be made by the appropriate individuals or departments as determined by the city manager or designee to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations.

D. Each department or division to which the application is submitted by the city manager, or his or her designee, shall respond in writing to the city manager, or his or her designee.

E. The city manager, or his or her designee, shall grant or deny an application within sixty (60) business days of receipt of a complete application. The city manager, or his or her or her designee, shall grant or deny a reciprocal permit or a renewal application within thirty (30) calendar days of receipt of a complete application therefor.

(Ord. 861 § 1 (part), 2001)

A. An application for a massage therapy establishment permit shall be denied upon a showing of any of the following:

1. The location of the business does not comply with all applicable zoning laws or the provisions of this chapter;

2. The configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal government, state of California, county of Riverside or ordinance of the city, including those set forth in this chapter;

3. The applicant or the prospective on-site manager, if other than the applicant, is not eighteen (18) years of age or older;

4. The application contains false information;

5. The applicant did not submit either: (i) a diploma or certificate of graduation or equivalent documentation from a recognized school of massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or (ii) therapeutic massage and bodywork credentials issued by the National Certification Board of Therapeutic Massage and Bodywork;

6. The applicant or the prospective on-site manager, if other than the applicant, officers, has been convicted of disqualifying conduct;

7. The applicant, or the prospective on-site manager, if other than the applicant, is required to register as a sex offender as set forth in California Penal Code Section 290;

8. The applicant did not submit either: (i) a diploma or certificate of graduation or equivalent documentation from a recognized school of massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or (ii) therapeutic massage and bodywork credentials issued by the National Certification Board of Therapeutic Massage and Bodywork; or

9. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application.

B. An application for a personal massage therapist permit shall be denied if the city manager, or his or her designee, finds that, in the case of an application for a reciprocal permit, the massage therapist permit or off-premises endorsement that the applicant alleges to have been issued by another jurisdiction pursuant to the Coachella Valley model massage ordinance is not valid and/or current. In all other cases, the application shall be denied if the city manager, or his or her designee, finds any of the following:

1. The applicant is not eighteen (18) years of age or older;

2. The application contains false information;

3. The applicant did not submit either: (i) a diploma or certificate of graduation or equivalent documentation from a recognized school of massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or (ii) therapeutic massage and bodywork credentials issued by the National Certification Board of Therapeutic Massage and Bodywork;

4. The applicant has been convicted of disqualifying conduct;

5. The applicant is required to register as a sex offender as set forth in California Penal Code Section 290;

6. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application; or

7. The application is incomplete or any required information or document has not been provided with the application.

C. If the city manager or his or her designee denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

D. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.

(Ord. 861 § 1 (part), 2001)

The city manager shall issue the permit if there are no grounds to deny the permit as set forth in this chapter.

(Ord. 861 § 1 (part), 2001)

A. Any person aggrieved by a decision of the city manager or his or her designee, other than appeal of denial of an application for a special massage therapy permit or a temporary massage therapy permit, may file an appeal to the city council that conforms to the following requirements:

1. All appeals shall be in writing and shall contain the following information: (i) name(s) of the person filing the appeal ("appellants"); (ii) a brief statement in ordinary and concise language of the relief sought and the reasons why the permit should be issued; and (iii) the signatures of all parties named as appellants and their mailing addresses.

2. A filing fee for an appeal of one hundred dollars ($100.00), or other amount as established from time to time by city council resolution, must be paid to the city at or prior to the time of the filing of the appeal.

3. Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

4. A complete and proper appeal of the denial of a permit application shall be filed with the city clerk within ten (10) calendar days of service of the letter denying the application or within ten (10) calendar days of any other action that is the subject of appeal.

B. After receiving the written appeal, the city clerk shall schedule a public hearing before the city council at the next regularly scheduled city council meeting for which there is sufficient time to have the matter properly noticed.

C. The decision of the city council shall be final.

(Ord. 861 § 1 (part), 2001)

A. During the effective duration of any permit issued pursuant to this chapter, the permittee shall update, correct or supplement the information contained in the application therefor on file with the city when necessary to keep the information contained therein current and accurate.

B. Where reference is made in this chapter to any statute or other law, such reference shall include any subsequent amendment or superseding provision thereto.

C. The fees and fines and other sums set forth in this chapter shall be in effect until the city council shall, by resolution, fix some other rate based upon a cost factor.

(Ord. 861 § 1 (part), 2001)

A. All permits shall expire one year from the date they are issued, except that an off-premises endorsement shall expire concurrently with the corresponding massage therapist permit.

B. Applications for renewal of a permit shall be made thirty (30) calendar days prior to the expiration date of the permit. As necessary to update the information contained within the last application or renewal thereof, application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the city remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required except as follows:

1. Renewal of a Reciprocal Permit.

a. Where the applicant seeks to renew a reciprocal permit, application for renewal shall include evidence that the underlying massage therapist permit has been renewed by the issuing jurisdiction and that it remains valid and current.

b. For renewal of a reciprocal permit, permittee shall pay a nonrefundable renewal application deposit fee of ten dollars ($10.00) to help defray the expense of administering this chapter.

c. A reciprocal permit shall not be renewed if the underlying massage therapist permit has expired and has not been renewed, or the underlying permit has been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied because the underlying permit is no longer valid, permitted shall submit a complete, original application and comply with all submission requirements set out above for application for an original personal massage therapist permit. All such applications shall include an explanation of the reason why the reciprocal permit is no longer valid.

2. Renewal of Original Personal Massage Therapist Permits.

a. For renewal of an original personal massage therapist permit, permittee shall include a current physician's certificate, as defined above, with his or her renewal application.

b. For renewal of an original personal massage therapist permit, permittee shall also pay a nonrefundable renewal application deposit fee of one hundred dollars ($100.00) at the time of filing the renewal application to help defray the expense of administering this chapter.

(Ord. 861 § 1 (part), 2001)

Representatives of the city including, but not limited to representatives of the police department, community development department, fire department, health department and divisions thereof, may inspect the premises of a massage therapy establishment for the purposes of insuring compliance with the law at any time such establishment is occupied or open for business pursuant to the inspection provisions set forth in Chapter 13.50 of this code.

(Ord. 861 § 1 (part), 2001)

All off-street parking locations entrances and exits provided for or belonging to the massage therapy establishment shall be illuminated from dusk to closing hours with a lighting system that provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.

(Ord. 861 § 1 (part), 2001)

A. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the name of the massage therapy establishment.

B. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the hours of operation of the massage therapy establishment.

(Ord. 861 § 1 (part), 2001)

All building openings, entries, windows, etc., of a massage establishment shall be located, covered or screened in such a manner as to prevent an obstructed view from the exterior of the building into dressing rooms, massage therapy rooms, restrooms, and other areas where patrons of the business may not be fully clothed.

(Ord. 861 § 1 (part), 2001)

A. The massage therapy establishment permit shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

B. A copy of the personal massage therapy permit for each personal massage therapist shall be kept on file on the premises of the massage establishment.

C. A copy of each diploma or certificate of graduation for each personal massage therapist shall be kept on file on the premises of the massage establishment.

D. A recent photograph of each personal massage therapist shall be kept on file on the premises of the massage establishment.

E. A list of massage therapy services available at the massage establishment, a description of services in readily understandable language, and the cost of such services shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

(Ord. 861 § 1 (part), 2001)

At least one artificial light providing a lighting intensity of not less than thirty (30) foot candle power at floor level shall be installed in the reception area.

(Ord. 861 § 1 (part), 2001)

A. At least one artificial light providing a lighting intensity of not less than twenty (20) foot candle power at floor level shall be installed in each massage therapy room.

B. There shall be no locks on any massage therapy room or any other device which impedes or obstructs access to the massage therapy room.

C. There shall be walls installed between each massage therapy room and such walls shall contain no openings other than doors between adjacent rooms.

(Ord. 861 § 1 (part), 2001)

A. All massage therapy establishment permittees shall maintain a client registration file which shall include the following information:

1. First, middle and last name of client;

2. Signature of client;

3. Complete address of client;

4. Date and time of visit; and

5. First, middle and last name of personal massage therapist who administered massage services.

B. Every client shall provide the information set forth above and sign his or her name on the client registration form provided by the permittee before any massage services may be provided.

C. All client registration files shall be made available for inspection by the Riverside sheriff's office or other law enforcement agency upon written request of the police chief within three working days of receiving such request.

D. The information contained in client registration files shall be maintained by permittee for a period of three calendar years of the last date the respective information was entered into the file.

(Ord. 861 § 1 (part), 2001)

A. During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear a badge that identifies his or her first or last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the massage therapy establishment through which the massage therapy services were arranged, and the identity of the city manager or his or her designee at the city through whom the therapist was issued his or her qualifying personal massage therapist permit.

B. All massage therapists shall have in their possession a valid permit issued pursuant to this chapter as well as valid identification at all times that he or she is performing or offering to perform massage therapy services within the city.

C. All massage therapists shall wear nontransparent outer garments covering all specified anatomical areas while performing or offering to perform any massage therapy services.

(Ord. 861 § 1 (part), 2001)

A. Massage therapy establishments are prohibited from operating between the hours of ten thirty p.m. and seven thirty a.m.

B. Permittees shall be prohibited from permitting clients to remain on the premises of the massage establishment after closing hours.

(Ord. 861 § 1 (part), 2001)

A. Only one client shall be permitted in a room containing a shower stall, bath stall or toilet facility at any one time unless otherwise permitted by any applicable local, state, or federal law or regulation or accompanied by a massage therapist for massage therapy purposes.

B. Each room containing a shower, bath and/or toilet shall have a door that is self closing and locking.

C. An artificial light providing a lighting intensity of not less than thirty (30) foot candle power at floor level shall be installed in any room containing a shower, bath and/or toilet.

(Ord. 861 § 1 (part), 2001)

A. The premises of the massage therapy establishment shall have adequate equipment for disinfecting and/or sanitizing nondisposable instruments and materials used in administering massages.

B. All nondisposable instruments and materials shall be disinfected and/or sanitized after each use on each client.

C. All walls, ceilings, floors, showers, bathtubs, water basins, toilets, and all other facilities must be maintained in good repair and in a clean and sanitary condition.

D. All showers, bathtubs, water basins, and toilets shall be thoroughly cleaned at least once each day the massage therapy establishment is in operation.

E. Water basins with hot and cold running water from a potable source and soap dispensers shall be available to clients.

F. A trash receptacle shall be provided in each massage therapy room and any room containing a shower, bathtub, water basin and/or toilet.

G. Bathtubs shall be thoroughly cleaned after each use.

H. All clients shall be provided clean and sanitary towels, sheets and linens.

I. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered.

J. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked "clean linen" and "soiled linen."

K. Massage table cover pads that come into contact with the body of a client shall be clean.

(Ord. 861 § 1 (part), 2001)

Loudspeakers or sound equipment shall not be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building or leasable space in which the use is conducted.

(Ord. 861 § 1 (part), 2001)

A. It is unlawful for any massage therapist, any patron, or any other persons present where massage therapy services are being offered or performed, to expose or touch any specific anatomical areas, whether his or her own, or those of another person.

B. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to be in a state of full nudity or semi-nudity.

C. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities.

D. No person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minor's parent or legal guardian.

E. No permittee shall provide or offer to provide massage therapy services under any name not specified in the qualifying permit.

F. No massage therapist permittee shall perform or offer to perform massage therapy services at any site other than a lawfully operating massage therapy establishment unless the permittee's massage therapist permit includes an off-premises endorsement.

G. No permittee shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service.

H. No permittee shall transfer or assign any permit issued pursuant to this chapter to another person or entity. Any attempted transfer will result in the automatic termination of such permit.

I. No massage therapy establishment permittee shall permit any patron to be administered any massage services without the patron first being informed of the services to be performed and the cost of each such service. It will be presumed that patrons are informed of the cost of each service if a notice listing all available services and the charges for each is posted so as to be readily visible to patrons upon entry into the facility.

J. No massage therapy establishment permitted shall employ a person under eighteen (18) years of age.

(Ord. 861 § 1 (part), 2001)

All transfers of ownership of any business operating pursuant to a permit validly issued pursuant to this chapter shall result in the automatic termination of such permit.

(Ord. 861 § 1 (part), 2001)

Relocation of any business operating pursuant to this chapter shall result in the automatic termination of the subject permit.

(Ord. 861 § 1 (part), 2001)

A change of the on-site manager of a massage establishment without submitting a new massage establishment permit application shall result in the automatic termination of the subject permit.

(Ord. 861 § 1 (part), 2001)

Whenever a reference is made to any part of this code or to any ordinance of the city, reference applies to all amendments and additions now or hereafter made.

(Ord. 861 § 1 (part), 2001)

A. The time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a holiday which is also excluded.

B. If the last day for the performance of any act set forth in this chapter is a holiday, then the time in which to perform the act is extended to and including the next day which is not a holiday.

C. If the last day for the performance of any act provided by this chapter is Saturday or Sunday, then the time in which to perform the act is extended to and including the next Monday.

(Ord. 861 § 1 (part), 2001)

A. All permittees legally permitted to engage in massage therapy business activities on August 22, 2001, but which are in noncompliance as a result of an amendment to this chapter shall be deemed legal nonconforming and will be allowed to continue operation provided they are in compliance with all limitations and requirements of their original permit except as noted below.

B. Any expansion of massage services beyond those specified in the original approval shall require a newly issued permit pursuant to this chapter.

C. All legal nonconforming permittees shall come into compliance with all licensing and operational criteria identified in this chapter by February 1, 2002.

(Ord. 861 § 1 (part), 2001)

Any permit issued pursuant to this chapter shall be revoked by the city manager or his or her designee if he or she receives notice that, after administrative proceedings conducted in conformity with this code, the city has made any of the following findings and determinations with respect to the permittee:

A. The massage business or service is conducted in a manner that does not comply with all applicable laws, including but not limited to this chapter and the city's building, zoning and health regulations;

B. The permittee is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in California Penal Code Section 290;

C. The permittee failed to keep current and accurate the information contained in the permit application;

D. Information contained in the approved application is inaccurate;

E. Any patron of the permittee contracts any communicable disease during the course of any services offered by the permittee;

F. The permittee, or any applicant for permit, refuses to allow representatives of the city or the city manager or his or her designee to inspect business records of the permittee, or any premises utilized by the permittee for massage therapy services;

G. The permitted fails to comply with any of the provisions of this chapter; or

H. The permittee has ceased to meet any of the requirements for issuance of the permit.

(Ord. 861 § 1 (part), 2001)

Any violation of Sections 5.36.040 and 5.36.220 thorough 5.36.340 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of chapter of this code.

(Ord. 861 § 1 (part), 2001)

Any violation of Sections 5.36.040 and 5.36.220 through 5.36.340 of this chapter by any person responsible for committing, causing, or maintaining such violation shall constitute a misdemeanor.

(Ord. 861 § 1 (part), 2001)

(Ord. No. 1098, § 29, 12-14-16)

Editor's note— Ord. No. 1098, § 30, adopted Dec. 14, 2016, repealed former § 5.36.440 in its entirety which pertained to infraction civil fines and derived from Ord. 861 § 1 (part), 2001.

A. In lieu of issuing a criminal citation, the city may issue an administrative citation, pursuant to Title 3 of this code, to any person responsible for committing, causing, or maintaining the subject violation.

B. The city may issue an administrative citation, pursuant to Title 3 of this code, to any person responsible for committing, causing, or maintaining a violation of Sections 5.36.040 and 5.36.220 through 5.36.340 of this chapter.

C. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.

(Ord. 861 § 1 (part), 2001)

(Ord. No. 1098, § 31, 12-14-16)

Editor's note— Ord. No. 1098, § 31, adopted Dec. 14, 2016, repealed former § 5.36.460 in its entirety which pertained to an administrative fine and derived from Ord. 861 § 1 (part), 2001.

A. Any violation of Sections 5.36.040 and 5.36.220 through 5.36.340 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter of this code shall constitute grounds for modification, suspension and/or revocation of such permit and/or license pursuant to the provisions set forth in Title 3 of this code.

B. Nothing in this chapter shall preclude the city from pursuing other remedies provided by Title 3 of this code, including, but not limited to, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 861 § 1 (part), 2001)