El Centro Municipal Code Div. 1 Generally

It is the purpose and intent of this article to provide for the orderly regulation of massage therapists, massage practitioners and massage establishments in the city. The rules and regulations established herein are necessary to protect the public health, safety and general welfare. It is further the intent of this article to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations provided in the Business and Professions Code Sections 4600 et seq., and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

(Ord. No. 16-12, § 1, 11-1-16)

Individuals currently licensed by the city to perform massage services can continue to provide services provided that they are in good legal standing throughout the last five (5) years of operation. Existing massage business license holders are not subject to the new regulations unless and until their business license has expired and a new business license is required.

(Ord. No. 16-12, § 1, 11-1-16)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Applicant means an applicant for a business license for a massage business, and each of the following persons: the managing responsible officer/employee, a general partner, a limited partner, a shareholder, a sole proprietor, or any person who has a five (5) percent or greater ownership interest in a massage business whether as an individual, corporate entity, limited partner, shareholder or sole proprietor.

California Massage Therapy Council (CAMTC) means the organization created pursuant to California Business and Professions Code Section 4600.

Certified massage therapist means any individual certified by the California Massage Therapy Council as a certified massage practitioner pursuant to Business and Professions Code Section 4604.2 or as a certified massage therapist pursuant to Business and Professions Code Section 4604.

Contractor, independent means a massage therapist that operates as a sole provider massage business from an establishment that is owned by a separate individual or business.

Director of finance means the director of finance, or its designee, of the city.

License means the city business license to operate a massage business required by this article.

Massage or massage therapy means and refers to any method of treating the external parts of the body for remedial, health of hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparation commonly used in this practice.

Massage business means a business or organization that an individual, firm, association, partnership, corporation or other combination of individuals that provides, offers, sells, delivers or dispenses massage as a distinct service for compensation. A massage business may consist of a massage establishment, off-premises massage service, or a sole-provider massage business.

Massage establishment means an establishment having a fixed place of business where massage is performed for compensation, excluding those locations where massages are performed on an out-call, basis and may also include the residence of a sole provider who is permitted to perform massages at his or her residence.

Massage therapist means an individual who gives or administers to another person, for any form of consideration, a massage; and includes a "massage technician" or "massage practitioner".

Off-premises massage service means the engaging in or carrying on of massage therapy for compensation at a location other than a massage establishment that has been permitted pursuant to this article.

Operator of a massage business means anyone who manages or operates a massage business including any of the following persons: the managing responsible officer/employee, a general partner, a limited partner, a shareholder, a sole proprietor, or any person who has a five (5) percent or greater ownership interest in a massage business whether as an individual, corporate entity, limited partner, shareholder or sole provider.

Sole provider means a business where the business owner is the only person employed by that business to provide massage services.

Specified anatomical area means any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola.

State certification or state certificate. A valid and current certification properly issued by CAMTC pursuant to California Business and Professions Code § 4600, and following, as amended.

(Ord. No. 16-12, § 1, 11-1-16)

Cross reference— Rules of construction and definitions generally, § 1-3.

Massage establishments shall permit the city to conduct reasonable inspections during regular business hours to ensure compliance with state and local laws, including, but not limited to this division/article and California Business and Professions Code Sections 4600 through 4620, or applicable fire and health and safety requirements.

(Ord. No. 16-12, § 1, 11-1-16)

(a) Massage establishment. No person shall operate or maintain a massage establishment without a city business license. All massage therapists that are employed by the massage establishment or operate as independent contractors on the premises of the massage establishment also must hold a CAMTC certificate that is in full force and effect.

(b) Sole provider massage business. No person shall own, operate or maintain a sole provider massage business without a city business license. All sole providers and independent contractors operating from an establishment that they do not own also must hold a CAMTC certificate that is in full force and effect. A sole provider massage business shall not employ any other person except for the owner/operator of the business.

(Ord. No. 16-12, § 1, 11-1-16)

Every person operating a massage business under a license issued 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 massage therapist administering such treatment. Such records shall contain a signed statement by the patron that the patron knows of no medical reasons why a massage should not be given. Such records shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement of these provisions and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor, and such officer or employee shall be subject to the penalty provisions of this Code, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site and, in addition, shall describe the address where the treatment was rendered. Such records shall be maintained for a period of two (2) years.

(Ord. No. 16-12, § 1, 11-1-16)

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

(a) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state.

(b) Nurses who are registered under the laws of the state.

(c) Trainers of any amateur, semiprofessional or professional athlete or athletic team.

(d) Barbers, beauticians, manicurists and pedicurists who are duly licensed under the laws of the State of California except that this exemption shall apply solely to the massaging of the neck, face, scalp, hair, hands or feet of the customer or client for cosmetic or beautifying purposes. This exemption does not apply when:

(1) The massage therapist is an employee of a licensed barber or beautician; or

(2) When the massage therapist pays rent and/or a fee to the barber or beautician for use of a booth, room or other space, used to administer massages.

(e) Individuals administering massages or health treatments involving massage to persons participating in track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational or education events.

(f) Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter.

(g) Any other person who is licensed to give massages or baths under the laws of the state.

(Ord. No. 16-12, § 1, 11-1-16)