Colton Municipal Code Ch. 5.24 Massage Parlors and Massage Technicians

Footnotes:

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Editor's note— Ord. No. O-03-16, § 4, adopted Feb. 2, 2016, amended Ch. 5.24 in its entirety to read as herein set out. Former Ch. 5.24, §§ 5.24.010—5.24.190, pertained to similar subject matter, and derived from Ord. 1143 (part), adopted in 1962; Ord. 1621, § 1(part), adopted in 1982; Ord. O-06-98, §§ 1—8, adopted in 1998; Ord. O-12-01, § 4, adopted in 2001.

The following words as used in this chapter shall have the signification attached to them in this chapter unless otherwise clearly apparent from the context:

"CAMTC Certificate" means a certificate issued by the California Massage Therapy Council to a Person who has obtained the right to use the title Certified Massage Therapist or Certified Massage Practitioner.

"Cosmetology Establishment" means an establishment which is licensed pursuant to all applicable Federal, State and Local Laws, rules and regulations to provide primarily the following types of services: (1) shaving or trimming the beard or cutting the hair of a Person; (2) giving facial and scalp Massages or treatments to a Person; (3) shampooing, arranging, dressing, curling, waving, relaxing, permanent waving, coloring or straightening the hair of a Person; (4) removing superfluous hair from the body of any Person by the Use of depilatories, tweezers or chemicals; and (5) cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any Person.

"Licensed Massage Technician" means any Person who administers Massage upon another human being in exchange for anything of value whatsoever while in the possession of a valid CAMTC Certificate.

"Massage" means and includes any method of treating or manipulating the external parts of the human body for remedial, hygienic, relaxation or any other purpose, whether by means of pressure on, friction against or rubbing, touching, stroking, tapping, kneading, pounding, vibrating or other manner of touching external parts of the human body with the hands or by means of an instrument, such as any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in this practice.

"Massage Parlor" means any business wherein any Person, firm, association, partnership, corporation, or combination of the same engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration whatsoever, the administration to another Person of a Massage or a bath or health treatment involving a Massage. "Massage Parlor" shall not include Cosmetology Establishments.

"Operator" means all Persons who have an ownership interest in a Massage Parlor or a Cosmetology Establishment and who are responsible for the Day to Day operations of the establishment.

"Person" means any individual, corporation, partnership, association or other group or combination of the same acting as an entity.

"Unlicensed Massage Technician" means any Person who administers Massage upon another human being in exchange for anything of value whatsoever without a valid CAMTC Certificate.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. The fee for an owner or operator of a Massage Parlor shall be set in accordance with Chapter 5.02.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. It is unlawful for any Person to own or operate, in or upon any fixed premises within the City, a Massage Parlor in the absence of a Permit issued pursuant to the provisions hereinafter set forth.

B. Notwithstanding anything to the contrary in subsection A. of this section, Persons who own or operate licensed Cosmetology Establishments and who wish to provide incidental Massage services pursuant to Section 5.24.190, need not obtain a Permit pursuant to this section.

C. Each applicant shall pay a nonrefundable fee, in an amount determined by Resolution of the City Council, at the time they submit a Permit application or renewal application under this section. The application fee is for the purpose of defraying the expense of investigation, administration and issuance of said Permit.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. It is unlawful for any Person to engage in, conduct or carry on, attempt to engage in, conduct or carry on, or Permit to be engaged in, conducted or carried on the business of an Unlicensed Massage Technician at any location within the City, including a Massage Parlor and a Cosmetology Establishment.

B. The requirements of this section shall have no Application and no effect upon, and Shall not be construed as applying to, any physician, surgeon, chiropractor, osteopath, or physical therapist fully licensed by the State, or any nurse, assistant, trainee or other Person administering under the immediate direction, supervision and control of any physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State. This section does not apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any Person licensed to practice any such art or professions under the Business and Professions Code of the State or any other Law of this State.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. An applicant for a Massage Parlor Permit shall submit the following information:

1. Full name and any aliases heretofore used or currently used, and current addresses;

2. Written proof that the applicant is over the age of eighteen Years;

3. The business, occupation, or employment of the applicant for three years immediately preceding the date of the application;

4. Any Massage or similar Business License history of the applicant, including whether such Person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation; and

5. A full list of all Licensed Massage Technicians who will practice at the premises. For each Licensed Massage Technician listed, applicant shall provide the current CAMTC Certificate number and a copy of the CAMTC Certificate.

(Ord. No. O-03-16, § 4, 2-2-2016)

Upon payment of all fees, the accurate submission of all information required by the application, and upon proper inspection, the appropriate Permit shall be granted. Any Person denied a Permit pursuant to these provisions may appeal to the City Council in writing, stating reasons why the Permit should be granted. The City Council may grant or deny the Permit. All Permits issued hereunder are nontransferable; provided, however, that a change of location of a Massage Parlor may be permitted pursuant to Section 5.24.080.

(Ord. No. O-03-16, § 4, 2-2-2016)

Every Person to whom a Massage Parlor Permit has been granted shall display the Permit and the current CAMTC Certificate held by each Licensed Massage Technician employed therein in a conspicuous place at the premises.

(Ord. No. O-03-16, § 4, 2-2-2016)

A change of location of Massage Parlor premises shall be Approved by the Chief of Police provided all applicable laws are complied with and the change of location fee of ten dollars is first paid.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. All Permits issued under provisions hereof shall expire on the first day of January of each year. A renewal Permit may be issued upon application to the collections officer and the payment of a renewal fee of ten dollars. Any application for renewal must be made on or before the fifteenth day of January of each year. In the event of failure to so apply for renewal of a Permit on or before the fifteenth day of January, a Person whose Permit has expired shall be deemed a new applicant and shall have to requalify under the provisions herein. With each new year's renewal application, Persons holding a Massage Parlor Permit must submit a list of all Licensed Massage Technicians who will practice at the premises. For each Licensed Massage Technician listed, applicant shall provide the current CAMTC Certificate number and shall provide copies of CAMTC Certificates of Licensed Massage Technicians who have been employed by the Massage Parlor during the prior year.

(Ord. No. O-03-16, § 4, 2-2-2016)

No Massage Parlor Permit shall be issued unless an inspection discloses that the Massage Parlor complies with each of the following minimum requirements:

A. A readable sign in compliance with this Code shall be posted at the main entrance identifying the business as a Massage Parlor.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code, and additionally, at least one artificial light of not less than forty watts shall be provided each enclosed room or booth where Massage services are being rendered.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing any instruments used for Massage Shall be provided.

E. Hot and cold running water shall be provided.

F. Closed cabinets shall be utilized for the storage of clean linen.

G. Adequate dressing and toilet facilities shall be provided for the patrons. Such facilities shall be equipped with adequate locking devices.

H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the Massage Parlor shall be kept in good repair and shall be maintained in a clean and sanitary condition.

I. Clean and sanitary towels and linens shall be provided for patrons receiving Massage services. No common use of towels or linens shall be permitted.

(Ord. No. O-03-16, § 4, 2-2-2016)

No Person holding a Massage Parlor permit may hire any Unlicensed Massage Technician or permit any Unlicensed Massage Technician to perform Massages at the premises.

(Ord. No. O-03-16, § 4, 2-2-2016)

The Chief of Police and/or the collections officer of the City, or their Representatives, may inspect any Massage Parlor or Cosmetology Establishment in which Incidental Massage services are performed pursuant to this Chapter upon either one week's written notice or immediately with a search warrant for the purpose of determining that the provisions of this Chapter are met.

(Ord. No. O-03-16, § 4, 2-2-2016)

Every Person owning or operating a Massage Parlor under a Permit as herein provided, and any Person owning or operating a Cosmetology Establishment in which Incidental Massage services are performed pursuant to this Chapter, shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Identical records shall be kept of treatment rendered off the premises, and, in addition, shall describe the address where the treatment was rendered. Such records shall be maintained for a period of two years. Such records shall be open to inspection upon one week's written notice or immediately with a search warrant by officials charged with the enforcement of these provisions for the purposes of Law enforcement and for other purposes related to this Chapter.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. A Massage Parlor Permit may be revoked as set forth in Section 5.24.160 on one or more of the following grounds:

1. That the holder is guilty of fraud or deceit in her or his application for a Permit;

2. That the holder is permitting the practice of Massage in a manner intended to arouse, appeal to, or gratify the lust or passions or sexual desires of another, or that the holder is permitting the practice medicine without a license or engaging in other similar unauthorized practices;

3. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall include the conviction of an offense which, if committed within the State, would constitute a felony under the laws thereof; or

4. That the holder has employed, allowed or permitted an Unlicensed Massage Technician to perform Massage at the premises.

(Ord. No. O-03-16, § 4, 2-2-2016)

If any Person holding a Permit to carry on the business of a Massage Parlor, as provided in this Chapter, shall conduct or carry on such business contrary to the provisions of this Chapter or any other law relating to or regulating such business, it shall be subject to suspension, revocation, and any other penalty permitted under this Code.

No Permit shall be suspended or revoked until after a hearing has been conducted before the City Council relating to such suspension or revocation. Notice of such hearing shall be given in writing and shall be served at least ten days prior to the date of the hearing thereon, which notice shall state the grounds of complaint against the holder of such Permit, or against the business carried on by her or him and shall also state the time when and the place where such hearing will be held. Such notice shall be served upon the holder of such Permit by delivering the same to such Person, his manager or agent, or to any Person in charge of, or employed in the place of business of such licensee or by leaving such notice at the place of business or residence of such Person with some Person of suitable age and discretion. In the event the holder of such license cannot be found, and a service of such Notice cannot be made upon him or her in the manner herein provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such holder or such licensee at his place of business or residence at least ten days prior to the date of such hearing.

(Ord. No. O-03-16, § 4, 2-2-2016)

Any Massage Parlor or Cosmetology Establishment in which Incidental Massage services are performed pursuant to this Chapter that is operated, conducted, or maintained contrary to the provisions of this Chapter shall be and the same is declared to be unlawful and a Public Nuisance. The City Attorney or the District Attorney may, in addition to or in lieu of prosecution in a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law. They shall also take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief, as will abate or remove such Massage Parlor or Cosmetology Establishment and restrain and enjoin any Person from operating, conducting, or maintaining a Massage Parlor or Cosmetology Establishment contrary to the provisions of this Chapter.

(Ord. No. O-03-16, § 4, 2-2-2016)

This Chapter and the various parts, sections and clauses thereof are declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby. The City Council of the City of Colton declares that it would have passed this Chapter and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid.

(Ord. No. O-03-16, § 4, 2-2-2016)

A. Every Cosmetology Establishment providing Massages pursuant to this Chapter shall be duly and adequately licensed at all times pursuant to all State and Local Laws, rules and regulations, including but not limited to, Chapter 5.02 of this Code.

B. Massage services shall be performed only by Licensed Massage Technicians.

C. Massages shall be provided only in clearly designated, lighted and accessible locations within the Cosmetology Establishment. The provision of Massages, as well as the location in which the all Licensed Massage Technicians operate, shall comply with the Federal, State and Local health, safety and building standards applicable to Cosmetology Establishments, including those statutory and regulatory standards applicable to the operation of Cosmetology Establishments.

D. Massage services shall be Incidental to the primary cosmetology services of the Cosmetology Establishment. No more than one Licensed Massage Technician shall be permitted to operate in a Cosmetology Establishment for every three cosmetologists operating in the same Establishment at any one time. If less than three cosmetologists are operating in the Establishment at any one time, there shall be no more than one Licensed Massage Technician operating in the same Establishment at that time.

E. It is unlawful for any Person to own or operate a Cosmetology Establishment in which Licensed Massage Technicians operate if the establishment does not comply with all applicable Federal, State and Local health, safety and building standards, including those statutory and regulatory standards applicable to the operation of Cosmetology Establishments.

(Ord. No. O-03-16, § 4, 2-2-2016)