Dublin Municipal Code Art. I General Provisions

Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter.

"Applicant"

means any person who applies for a permit as required by this chapter.

"California Massage Therapy Council" or "CAMTC"

means the massage therapy organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code.

"Certified massage therapist"

means a massage therapist certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code.

"City massage establishment permit"

means a permit issued to a massage establishment by the Permit Administrator in accordance with this chapter.

"Compensation"

means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

"Employee"

means any person, other than a massage therapist, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients.

"Fully clothed"

means clothes are worn in such a manner that an individual's genitals, buttocks, and chest are not exposed and all outer garments are of a fully opaque, non-transparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed.

"Massage"

means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice.

"Massage establishment"

means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of "massage" set out in this section.

"Massage therapist"

means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.

"Operator" or "massage establishment operator"

means any person who is an owner or manager of a massage establishment.

"Outcall massage service"

means engaging in or carrying on the practice of massage, not at a fixed location licensed such as a massage establishment, but at a location designated by the permittee, massage therapist, customer or client.

"Owner" or "massage establishment owner"

means any of the following persons:

The sole proprietor of a sole proprietorship operating a massage establishment.

Any general partner of a general or limited partnership that owns a massage establishment.

Any person who has a ten percent (10%) or greater ownership interest in a corporation that owns a massage establishment.

Any person who is a member of a limited liability company that owns a massage establishment.

All owners of any other type of business association that owns a massage establishment.

"Patron"

means an individual on the premises of a massage establishment for the purpose of receiving massage therapy.

"Permit Administrator"

means the Chief of Police or his/her designee.

"Permittee"

means any person operating or maintaining a massage establishment.

"School of massage"

means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2.

"Visitor"

means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.

(Ord. 3-23 Exh. A)

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license.

B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city.

C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses.

D. Individuals in the city temporarily for educational events.

E. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events.

(Ord. 3-23 Exh. A)

For the purpose of enforcing the requirements of this chapter, the massage establishment owner shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are providing services on behalf of the massage establishment. Pursuant to California Business and Professions Code Section 4607, the Permit Administrator may discipline an owner or operator of a massage business or establishment, or an applicant for certification, pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.

(Ord. 3-23 Exh. A)

Any massage provided or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a misdemeanor and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting 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. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or state or federal law. Upon determination by the certification officer or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an administrative citation that may result in administrative fines in accordance with Chapter 1.06.

(Ord. 3-23 Exh. A)

In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected.

(Ord. 3-23 Exh. A)

A. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Section 4.20.110. Upon issuance of a final order by the Permit Administrator to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than three (3) years ("the moratorium period"). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the three (3) year moratorium period shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll.

B. Notwithstanding any other provision of this chapter, where a notice of revocation or suspension has been issued to the operator of a massage establishment pursuant to Section 4.20.110, the Permit Administrator shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such notice of revocation or suspension is dismissed; or a final determination is made pursuant to that section that the current operator's massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired.

(Ord. 3-23 Exh. A)