Cotati Municipal Code Art. I Certification

In enacting these regulations, the city council recognizes that massage is a viable professional field offering the public valuable health and therapeutic services. It is the purpose and intent of the city council that the operation of massage establishments, out-call massage services, and persons offering massage be regulated in the interests of the public health, safety, and welfare by providing minimum building sanitation and health standards and to ensure that persons offering massage shall possess the minimum qualification necessary to operate such businesses and to perform such services.

It is the intent of this chapter to enact regulations to ensure that those offering massage services are qualified and trained and can be expected to conduct their work in a lawful and professional manner. The city council finds that the existing controls have not satisfactorily addressed or regulated serious police problems and regulated the profession so as to discourage the use of the profession for objectionable and illegal purposes.

(Ord. 827 § 1(part), 2010)

For the purpose of this chapter, the following words and phrases shall have the following meanings unless it is apparent from the context that a different meaning is intended.

A.

"Massage"

means any rubbing, stroking, kneading, tapping, manipulation or use of friction or pressure, with the hand or any other part of the body or any instrument, upon the external parts of the body of another, whether or not accompanied by the use of heat, light, water, alcohol, oils, lotions, ointments or other chemicals or preparations, and whether or not accompanied by any sauna, tub, shower or cabinet bath, or hot or cold pack or any combination thereof.

B.

"Massage business or establishment"

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

C.

"Masseur" or "masseuse" or "independent massage therapist or practitioner"

means any person who, for any consideration whatsoever, performs or engages in any act of massage as defined in this section.

D.

"Out-call massage service"

means any business, including one licensed as a massage establishment under the provisions of this chapter, which for any consideration whatsoever offers massage services not at a fixed location but at a location specified by the patron, whether or not other facilities or services also are offered. For the purposes of this chapter, an out-call massage service includes one that is located at the street address of any office, including a telephone answering and referral office, which arranges the referral of a masseur or masseuse to a location specified by the patron.

E.

"Person"

means an individual, partnership, firm, association, joint stock company, corporation or combination of individuals as a business venture of whatever form or character.

F.

"Operator"

means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a massage business or establishment.

G.

"Owner"

means any of the following persons:

The sole proprietor of a massage business or establishment. As used in this chapter, the term "sole proprietor" shall mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massage therapy;

Any general partner of a partnership that owns and operates a massage business or establishment; or

Any person who has a twenty percent or greater ownership interest in a corporation that owns and operates a massage business or establishment.

H.

MTO Certificate.

See "State certificate."

I.

"Certified massage therapist" or "CMT"

means any person to whom a state certificate has been issued pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "masseur" or "masseuse" or "independent massage therapist or practitioner" shall have the same meaning as "certified massage therapist."

J.

"Certified massage practitioner" or "CMP"

means any person to whom a state certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "masseur" or "masseuse" or "independent massage therapist or practitioner" shall have the same meaning as "certified massage practitioner."

K.

"State certificate,"

also known as "MTO certificate," means the certificate issued by the massage therapy organization, presently known as the California Massage Therapy Council (CAMTC), or a local certification at a comparable fee, to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) of Section 4604 of the California Business and Professions Code.

(Ord. 827 § 1(part), 2010)

A. Required. It shall be a misdemeanor for any person to engage in, conduct or otherwise maintain in or upon any premises in the city the business of a massage establishment or an out-call massage service without a valid zoning clearance issued by the Cotati community development department.

B. Zoning Clearance. It shall be required for any independent massage therapist or practitioner to provide copies of or other evidence of state certification, also known as MTO certification, prior to obtaining a zoning clearance from the Cotati community development department pursuant to Business and Professions Code Section 4612(b)(2)(B). Furthermore, it shall be required for any massage establishment or business that employs or uses only persons certified pursuant to this chapter to provide massage services to provide evidence of a legal photo ID and state certification held by the persons who are providing massage services at the business prior to obtaining a zoning clearance.

(Ord. 827 § 1(part), 2010)

All massage establishments or out-call massage services including independent massage therapists or practitioners shall obtain a business license pursuant to the provisions of Chapter 5.04.

(Ord. 827 § 1(part), 2010)

It shall be a misdemeanor for any person to perform or engage in the practice of massage for compensation within the city without a valid and unrevoked state certificate. The certificate required by this section shall be maintained in compliance with the provisions of California Business and Professions Code Section 4600 et seq. Anyone holding a state certificate must be able to produce legal photo ID upon demand by the city.

(Ord. 827 § 1(part), 2010)

A. It shall be a misdemeanor for any massage establishment or out-call massage service or its owner, operator or agent to hire or employ any person for the purposes of performing massage services without requiring that person to obtain a state certificate pursuant to the provisions of this chapter.

B. Any owner or operator who allows an employee, who is not in possession of a valid, unrevoked, current state certificate, to perform any massage services whatsoever shall be guilty of a misdemeanor.

(Ord. 827 § 1(part), 2010)

The city manager may order any zoning clearance required by this chapter to be suspended, revoked or restricted for any violation of this chapter or the provisions of Business and Professions Code Section 4600 et seq. that occurs on the massage business premises.

(Ord. 827 § 1(part), 2010)