Del Mar Municipal Code Ch. 6.61 Certificate of Registration: Massage Technician

A. It is the purpose of this Chapter to provide for the orderly regulation of massage technicians.

B. It is unlawful for any person to give or administer, or offer to give or administer, a massage in violation of any of the provisions of this Chapter.

(Ord. No. 661; Ord. No. 672; Ord. No. 862)

A. An exempt individual may personally give or administer, or personally offer to give or administer, a massage without having complied with this Chapter or Chapter 6.60, so long as all massages that are part of the individual's massage business are given or administered while engaging in practices within the scope of the exempted individual's applicable State license or holistic health practice.

B. Exempt Individuals. So long as the requirements of Subsection A are being met, for purposes of this Chapter, an "exempt individual" is one who is within one or more of the following categories:

1. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State of California;

2. Registered Nurses, Practical Nurses and Licensed Vocational Nurses who are licensed to practice under the laws of this state;

3. Trainers of any amateur, semiprofessional or professional athlete or athletic team;

4. Barbers and beauticians who are duly licensed under the laws of this State;

5. Holistic health practitioners, while engaging in practices within the scope of their practice. "Holistic health practitioner" is a non-medical health care therapist who uses massage in a therapeutic approach to caring for patrons. The practice of such health care therapist may include other services such as nutritional assistance or counseling as long as all massage activities are directed toward health care. To qualify for this exemption, the person, prior to initiating the conduct of a massage business within the City, must first present themselves to the Issuing Authority to be registered and provide proof of:

a. Satisfactory completion of no less than 1,000 hours of instruction in such specialty or therapeutic approach at a school whose curriculum is accredited by the State of California; and

b. Membership in a State or nationally chartered organization devoted to the specialty of therapeutic approach whose members are subject to a code of behavior that is effectively enforced against members by the organization and which requires participation in continuing education;

c. Evidence of passing a qualified written examination prepared by the Health Department and administered by the Sheriff establishing competency and ability of the applicant to engage in the practice of massage; and

d. Evidence of passing an examination prepared and conducted by the Health Department wherein the applicant shall be required to demonstrate a basic knowledge of anatomy, physiology, hygiene, and manual and mechanical massage.

6. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California, while engaging in practices within the scope of their licenses; or

7. Employees of an accredited high school, junior college or college, while engaging in practices within the scope of their employment.

A. Upon giving the individual notice, and an opportunity to be heard, an exemption specified in this Chapter may be denied or revoked by the City if the individual:

1. Loses the license required to qualify for the exemption; or

2. There is a criminal conviction that, in accordance with the express provisions of this Chapter, authorizes the denial or revocation of an operations permit.

B. An exemption, which is denied or revoked due to a loss of a qualifying license, shall not be reinstated until one year after the full, unconditioned license is reobtained.

C. An exemption, which is revoked due to a criminal conviction, shall not be reinstated for a period of ten years.

D. An individual whose exemption is denied or revoked is subject to all of the regulations in this Chapter.

The definitions found at Section 6.60.040 of this Code apply to this Chapter 6.61.

The City's Director of Finance is the Issuing Authority for the Certificate of Registration: Massage Technician.

A. An application shall be filed with the Issuing Authority no less than 45 days prior to the proposed date for the commencement of the giving or administering of massages.

B. If, during the processing of the application, there is any change in information contained in the application, the applicant shall notify the Issuing Authority, in writing, within two days of such change.

The applicant for a Certificate of Registration: Massage Technician shall furnish the following information:

A. Name, residence address and telephone number;

B. The previous addresses of applicant, if any, for a period of three years immediately prior to the date of the application and the inclusive dates of residence at each;

C. Social Security number and driver's license number, if any;

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

E. Written evidence that the applicant is at least 18 years of age;

F. Identification of the existing Operations Permit: Massage Business issued pursuant to Chapter 6.60 for the business at which the applicant will provide massage services or, identify a pending application for such Permit;

G. Business, occupation or employment of the applicant for the five years immediately preceding the date of application;

H. State whether the applicant has ever been convicted of any crime, except misdemeanor traffic violations. If the applicant has been so convicted, a statement giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, the sentence imposed as a result of such conviction, and the circumstances surrounding the crime for which convicted;

I. The business license or permit history of the applicant; whether the applicant, is previously operating in this or another county, city or state under license or permit, has had such license or permit suspended or revoked, the reason therefore, and the business activity or occupation subsequent to such suspension or revocation;

J. Two portrait photographs, at least two inches by two inches, taken within the six-month period immediately preceding the date of application;

K. The name and address of the massage establishment, if any, at which the applicant expects to be employed; and

L. The applicant's original State Massage License as well as a photocopy of the State Massage License, both to be provided by the applicant. Upon verifying the photocopy as an accurate copy of the original State Massage License, the Issuing Authority will return the State Massage License to the applicant.

There is no fee for a Certificate of Registration: Massage Technician.

The Certificate of Registration: Massage Technician shall:

1. Identify the permittee;

2. Identify the permittee's State Massage License;

3. Identify the Massage Business for which the permittee will work;

4. Identify the massage establishment and the establishment's Operations Permit: Massage Business issued pursuant to Chapter 6.60;

5. Specifically permit off-premises massage service, if appropriate;

6. Impose conditions that are reasonable and necessary to the massage technician's compliance with the regulations of this Code;

7. Specify a permit expiration date, one year from the date of issuance;

8. Expressly state that while the Certificate of Registration: Massage Technician authorizes the person to give or administer massages, each person who gives or administers a massage must be part of a massage business which possesses and is in full compliance with the terms of, a validly issued, unexpired, and unrevoked Operations Permit: Massage Business;

9. Have affixed to the permit a photograph of the permittee; and

10. If appropriate, expressly note that the permittee is in a trainee status.

The Issuing Authority shall issue a Massage Certificate of Registration unless the Issuing Authority determines:

A. A State license is not authentic, valid or has expired;

B. In applying for the Massage Certificate of Registration, the applicant provided false or materially misleading information or concealed relevant information;

C. The applicant or permittee is not in compliance with the regulations of this Code; or

D. The applicant has not provided the information required by Section 6.61.070.

It is unlawful for a massage technician to give or administer, for commercial purposes, a massage unless such massage technician is in possession of, and is in full compliance with the terms of, a validly issued, unexpired, and unrevoked Certificate of Registration: Massage Technician and in full compliance with the following regulations:

A. It is unlawful for a massage technician to give or administer a massage unless the patron's Specified Anatomical Areas are fully covered;

B. No massage technician, while performing any task or service associated with the business of massage, shall massage or intentionally touch a Specified Anatomical area of another person; and

C. All massage must be provided in full compliance with the regulations provided in Section 120 of Chapter 6.60, "Regulations: Massage Establishments."

It is unlawful for a massage technician to provide, or offer to provide, an off-premises massage unless:

A. The massage is to be given or administered between the hours of 7:00 a.m. and 12:00 a.m. midnight;

B. The massage technician is working as part of a massage business which is in possession of, and is in full compliance with the terms of, a validly issued, unexpired, and unrevoked Operations Permit: Massage Business and possesses a validly issued, unexpired, and unrevoked Certificate of Registration: Massage Technician;

C. It is unlawful for a massage technician to give or administer a massage unless the patron's Specified Anatomical Areas are fully covered;

D. No massage technician, while performing any task or service associated with the business of massage, shall massage or intentionally touch a Specified Anatomical Area of another person;

E. The massage is offered to be given or administered in full compliance with the regulations of this Title;

F. The massage is given or administered in full compliance with the regulations of this Title; and

G. Before the massage is given or administered, the massage technician presents to the patron a written document which lists the services available and the cost of such services. The services shall be described in readily understandable language.