East Palo Alto Municipal Code Ch. 5.36 Massage Establishments and Massage Technicians

It is the purpose and intent of the city council that the operation of massage establishments and massage technicians as defined in this chapter should be regulated so as to further the public interest, safety and welfare by providing minimum building, sanitation and health standards for such establishments and requiring minimum qualifications for massage technicians.

(Prior code § 8-1.201)

For the purpose of this chapter, the following words and phrases mean or include:

"Advertise" means and includes, but is not limited to, the issuance of any card, sign or device to any person, the causing, permitting or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine, or in any directory under a listing of massages or massage establishments.

"Business" means and includes, but is not limited to, an activity in which one can be employed, and means that which occupies the time, attention and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall mean the advertising and soliciting of massages.

"Health officer" means health officer of the city of East Palo Alto or his/her authorized representative.

"Massage" means the method of treating the superficial part of the human body for remedial or hygienic purposes by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument.

"Massage establishment" means any establishment wherein massage is given, engaged in or carried on, or permitted to be given, engaged in or carried on.

"Massage technician" means any person who administers to another person, for any form of consideration, a bath, massage, manipulation of the body, electric vibration, magnetic stimulation, or similar procedure.

"Massage technician trainee" means any person currently enrolled in a recognized school.

"Recognized school" means any school or institution of learning which has been approved pursuant to Section 29007.5 of the Education Code of the state of California, and which has for its purpose the teaching of a course consisting of seventy (70) hours or more of the theory, ethics and practice, methods, profession, or work of massage technicians, and which school or institution of learning requires a resident massage technician be furnished with a diploma or certificate of graduation from such school or institution of learning, showing successful completion of such course of study as approved by the California State Department of Education.

Schools offering correspondence courses not requiring actual attendance at class, or courses not approved by the California State Department of Education shall not be deemed, recognized schools.

"Solicit" means and includes, but is not limited to, making petition to, entreating, importuning, to endeavor to obtain by asking or pleading, to insist upon, to plead for, to tempt a person, or to lure on.

(Prior code § 8-1.202)

It is unlawful for any person to operate, engage in, conduct or carry on, or to permit to be operated, engaged in, conducted or carried on (as the owner or in any other capacity), in or upon any premises within the city, the business of a massage establishment as defined in this chapter, unless a license for the operation of such establishment has been issued by the city and remains in effect in conformity with the provisions of this chapter.

It is unlawful for any person to advertise within the city for the promotion of a massage establishment unless such person holds a valid license as required by this chapter.

In addition to the requirements of Section 5.36.010, every applicant for a license shall furnish the following information (separate, individual application forms shall be submitted by each of the directors or officers for corporate applicants, and by each such partner, in the case of partnership applicants):

A. The previous addresses of each applicant for the three years immediately prior to the applicant's present address;

B. Written proof that the applicant is over the age of eighteen years;

C. Each applicant's height, weight, color of eyes and hair, and sex;

D. Two portrait photographs of each applicant, at least two inches by two inches, taken within sixty days immediately prior to the date of filing of the application;

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

F. The history of each applicant in the operation of a massage establishment or similar business or occupation, including, but not limited to, whether or not any such person, in previously operating in any city or this or another city or state under a permit or license has had such permit or license revoked or suspended and the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

G. All criminal convictions of each applicant, other than misdemeanor traffic violations, the nature of each offense and the punishment or penalty assessed therefor;

H. The name and address of each massage technician who is or will be employed in such establishment;

I. A certificate from a medical doctor stating that each applicant has, within thirty (30) days immediately prior to filing his/her application as required by this chapter, been examined and found to be free from any infectious, contagious, communicable disease or venereal disease;

J. The fingerprints of each applicant on a form provided by the chief of police;

K. Such other reasonable identification and information as may be required.

(Prior code § 8-1.203)

The licenses required by this chapter shall not apply to hospitals, nursing homes, sanitariums, persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or persons working under the direction of any such persons or in any such establishments.

(Prior code § 8-1.204)

All applications for an initial massage establishment license or a temporary massage establishment license shall be accompanied by an investigation fee in the sum of fifty dollars ($50.00), no part of which shall be refundable. The application shall be referred to the city building inspector, the appropriate fire protection agency, the chief of police, the city health officer and the planning commission; each within a period of thirty (30) days from the date of filing the application shall inspect the premises proposed to be used as a massage establishment and shall make a written recommendation to the license board concerning compliance with the respective requirements.

(Prior code § 8-1.205)

The following may constitute the basis for denial of a license:

If the applicant has been convicted in a court of competent jurisdiction for:

A. An offense involving lewd conduct; or an offense involving the use of force and violence upon the person of another; or

B. A crime requiring registration pursuant to Section 290 of the California Penal Code, or any violation of Sections 311 through 311.7, Section 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code.

(Prior code § 8-1.206)

Each renewal application shall be accompanied by a fee in the amount of five dollars ($5.00).

(Prior code § 8-1.207)

All premises used by licensees shall be subject to periodic inspection by the city for the safety of the structure and the adequacy of the plumbing, ventilation, heating and sanitation. One artificial white light of not less than forty (40) watts shall be provided in each room where massage is being administered. In all rooms where water or steam baths are given, the walls shall be clean and painted with an approved washable mold resistant paint. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Separate restrooms shall be provided for men and women for massage establishments employing five or more massage technicians.

Towels, sheets, clothes and linen of all types, and items for the personal use of operators and patrons shall be clean and freshly laundered and shall not be used for more than one person. Reuse of such items is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used only once for each person and then discarded into a sanitary receptacle.

Dressing and locker facilities shall be provided for patrons. Security deposit facilities for the protection of the valuables of the patrons shall also be available.

(Prior code § 8-1.208)

The investigatory officials of the city, including the health officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing or health regulations.

(Prior code § 8-1.209)

It is unlawful for any person, including those persons issued a massage establishment permit pursuant to this chapter, to practice massage as a principal, an employee, agent, or otherwise within the city, unless such person has been issued a massage technician license and such license remains in effect in conformity with the provisions of this chapter.

The application shall be made upon a form provided and shall set forth the following information:

A. The applicant's residential address and telephone number;

B. The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same;

C. The names and addresses of any and all previous establishments where the applicant has been employed as a massage technician;

D. All criminal convictions, if any, other than misdemeanor traffic violations, of the applicant, the nature of each offense and the punishment or penalty assessed therefor;

E. Whether any permit or license to engage in the practice of massage as a massage technician or otherwise has previously been denied the applicant or revoked and, if so, the circumstances of such denial or revocation;

F. A portrait photograph of the applicant at least two inches by two inches, taken within sixty (60) days prior to the date of filing the application, together with a complete set of such person's fingerprints, which shall be taken on a form provided by the chief of police;

G. Written proof that the applicant is over the age of eighteen (18) years;

H. A certificate from a medical doctor stating that the applicant has, within thirty (30) days immediately prior to filing his/her application herein, been examined and found to be free from any infectious, contagious or communicable disease and/or venereal disease.

I. The applicant shall furnish:

1. Evidence of receipt of a diploma or certificate of graduation from a recognized school wherein the method, profession and techniques of massage are taught; or

2. Written proof of the applicant's having had at least one year's experience in the profession, work and method of massage as defined in this chapter as of the effective date of the ordinance codified in this chapter. (This alternative is available only to those applicants who have had at least one year's experience in the practice, work and method of massage as defined in this chapter and who are engaged in the practice of massage in the city upon the effective date of the ordinance codified in this chapter.)

(Prior code § 8-1.210)

All applications for an initial massage technician license or a massage technician trainee license shall be accompanied by an investigation fee in the sum of fifteen dollars ($15.00), no part of which shall be refundable. The application shall be referred to the chief of police, who, within a period of thirty days from the date of filing such application, shall make an investigation and submit a written recommendation thereon to the license board concerning compliance with the respective requirements.

(Prior code § 8-1.211)

The following may constitute the basis for denial of a license:

If applicant has been convicted in a court of competent jurisdiction for:

A. An offense involving lewd conduct, or an offense involving the use of force and violence upon the person of another;

B. A crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.6, Section 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code.

(Prior code § 8-1.212)

Each renewal application shall be accompanied by a fee in the sum of five dollars ($5.00).

(Prior code § 8-1.213)

Any person currently enrolled in a recognized school may apply for a massage technician trainee license which shall be a temporary license. In addition to the payment of the investigation fee required by Section 5.36.110 and the information required under Section 5.36.100, the applicant shall submit a letter signed by the director or administrator of the applicant's recognized school showing the date the applicant was officially enrolled and the estimated date the applicant will graduate.

The applicant shall also submit a letter signed by the owner or operator of a massage establishment, stating his/her willingness to employ the applicant to do massage as a massage technician trainee, working under his/her direct supervision and control, during the time the applicant is completing the course of study as a massage technician.

The massage technician trainee license shall expire ninety (90) days from the date issued and is not renewable, except in the case of sickness or accident causing delay of such massage training. The applicant is expected to complete his massage technician course of study during the ninety (90) day period the license is valid. The trainee shall, at all times, comply with all laws and ordinances in effect and the failure to so comply may render the applicant ineligible to obtain a massage technician's license. Upon presentation of a copy of his diploma or certificate of graduation from a recognized school the trainee may be issued the regular massage technician license.

(Prior code § 8-1.214)

All persons engaged in or giving massage in the city upon the effective date of this chapter who cannot qualify for a massage technician license shall have a period of thirty (30) days within which to qualify as a massage technician trainee and obtain a massage technician trainee license by making application therefor, paying the investigation fee required by Section 5.36.110, and then complying with the provisions of Section 5.36.150 hereof.

(Prior code § 8-1.215)

A. A recognizable and legible sign shall be posted at the main entrance of each massage establishment identifying the establishment as such an establishment.

B. The owner or operator of such massage establishment shall display the massage establishment license issued and the license of each and every massage technician or massage technician trainee employed in the establishment in an accessible and conspicuous place on the premises.

(Prior code § 8-1.216)

Every massage establishment owner or operator shall report immediately any changes or transfers of massage technicians or massage technician trainees employed by him/her in the business or practice.

(Prior code § 8-1.217)