Elk Grove Municipal Code Art. I General Provisions

It is the purpose and intent of this chapter to provide for the orderly regulation of businesses and establishments providing massage services, and to prevent and discourage the misuse of massage as a front for prostitution and related activities in violation of State law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. It is the further intent of this chapter to streamline local massage therapy licensing procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform Statewide regulations enacted by the Legislature in 2008 as Section 4600 et seq. of the Business and Professions Code, known as the Massage Therapy Act, and by restricting the commercial practice of massage in the City of Elk Grove to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

Further, regulating the business of massage is essential as there can be significant risk of injury to clients by improperly trained or uneducated massage providers. This regulation is also necessary to preserve the health and safety of the employees of such establishments and the public by standardizing the sanitation, decency and maintenance of facilities, and by requiring the owner’s compliance with applicable State and local law.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

The definitions contained in this section shall govern the construction of this chapter.

A.

“California Massage Therapy Council” or “CAMTC”

means that organization created pursuant to Section 4600 et seq. of the California Business and Professions Code.

B.

“CAMTC certificate”

means a current and valid certificate issued by the CAMTC to a certified massage therapist or certified massage practitioner pursuant to Section 4600 et seq. of the California Business and Professions Code.

C.

“Certified massage practitioner”

means a person who is certified by the CAMTC pursuant to Section 4604.2 of the California Business and Professions Code.

D.

“Certified massage therapist”

means a person who is certified by the CAMTC pursuant to Section 4604 of the California Business and Professions Code.

E.

“Client”

means a person who pays consideration for, and/or receives, massage services.

F.

“Compensation” or “consideration”

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

G.

“Employed” or “retained by”

shall include, without limitation:

Any person who is a directly paid employee of a massage business;

Any person whose association with a massage business is that of an independent contractor, and who receives compensation for massage services;

Any person who receives a referral of clients from a massage business and who at any time before the referral or thereafter compensates the massage business for the referral, regardless of whether the parties involved acknowledge that consideration is flowing in exchange for the referral or record such consideration in their financial records.

H.

“Employee”

means any person employed or retained by a massage business.

I.

“Massage”

means the scientific manipulation of the soft tissues. For purposes of this chapter, the terms “massage” and “bodywork” shall have the same meaning.

J.

“Massage business”

means a business where massage is provided for compensation.

K.

“Massage establishment”

means a fixed location where massage is regularly conducted, excluding those locations where massage services are only provided on an out-call basis.

L.

“Massage provider”

means a certified massage therapist or a certified massage practitioner or a person exempt from obtaining CAMTC certification pursuant to EGMC Section 4.32.160 who administers massage for compensation.

M.

“Manager”

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

N.

“Out-call massage”

means the engaging in or performing of massage therapy by a massage provider for compensation in a location other than at a massage establishment.

O.

“Owner”

means any person with majority ownership interest in the massage business, and any part-owner who is actively involved in operations of the massage business.

P.

“Reception area”

means the area immediately inside the front door of the massage establishment dedicated to the reception and waiting of clients and visitors of the massage establishment, which is not a massage room or otherwise used for the provision of massage services.

Q.

“Recognized school of massage”

means an “approved school” or “approved massage school” as such term is defined and applied in Section 4600 et seq. of the California Business and Professions Code.

R.

“Sole proprietorship”

means a massage business where the owner owns one hundred (100%) percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active certificate issued in accordance with this chapter, and has no other employees or independent contractors.

S.

“Solicit”

means to request, ask, demand or otherwise arrange for the provision of services.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015; Ord. 15-2015 § 3 (Exh. A § 2), eff. 8-21-2015)

This chapter shall not be applicable to, or include, the following:

A. Physicians, surgeons, chiropractors, osteopaths, nurses, athletic trainers or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision, or at the direction, of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

B. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses; provided, that such practices solely include the massaging of the neck, face and/or scalp, hands or feet of the clients.

C. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.

D. Students enrolled at a recognized school of massage; provided, that such students perform massage therapy only under the direct personal supervision of an instructor who holds a valid CAMTC certificate. The massage school as a business or establishment must still comply with the provisions of this chapter.

E. Any massage providers that are exempt from complying with the provisions of this chapter under State or local law.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

The following health and safety requirements shall be applicable to all massage businesses within the City of Elk Grove:

A. Massage providers shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets or containers marked “Clean Linen.” Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and towels shall be deposited in separate receptacles marked “Soiled Linen.”

B. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as often as needed, but at a minimum of once each day the premises are open and/or operating, with a hospital grade disinfectant. Bathtubs shall be thoroughly cleaned after each use with a hospital grade disinfectant. All walls, ceilings, floors, and other facilities for the business must be in good repair, and maintained in a clean and sanitary condition. Instruments utilized in performing massage services shall not be used on more than one (1) client unless they are clean and have been sterilized prior to use on the client, using sterilization methods that ensure the sanitation of the instruments.

C. No person shall enter, be, or remain in any part of a massage establishment while in possession of an open container of alcohol without the massage establishment possessing proper licensing through the California Department of Alcoholic Beverage Control. No person shall enter, be, or remain in any part of a massage establishment while in possession of controlled substances, except pursuant to a valid prescription for such medications. The owner, manager, or responsible managing employee shall not permit any such person in violation of this subsection to enter or remain upon the premises of the massage establishment.

D. Massage establishments shall provide clients with adequate dressing, locker and toilet facilities. All locker facilities that are provided for the use of clients shall be fully secured for the protection of the clients’ valuables, and clients shall be given control of the key or other means of access.

E. A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within, or as close as practicable to, the area devoted to performing massage services. Sanitary towels shall be provided at each basin.

F. All liquids, creams, and other preparations used for or made available to clients at the massage establishment shall be maintained in clean, sanitary and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to the client, it shall be removed from the container in such a way as not to contaminate the remaining portion or otherwise introduce bacteria or other matter.

G. Beds, floor mattresses, waterbeds and similar furnishings are not permitted on the premises of any massage business. This subsection shall not apply to a private residence or multi-unit temporary or permanent dwelling such as apartments or hotels, except as otherwise prohibited by State or local laws.

H. Standard or portable massage tables must be used with a durable, washable plastic or other waterproof material as a covering. The massage tables must be positioned so that there are at least three (3' 0") feet from the nearest wall to each side to allow access to the table on all sides. Foam pads more than four (4") inches thick or more than four (4' 0") feet wide may not be used.

I. All massage providers shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage to a client. No massage shall be provided upon a surface of the skin or scalp of a client where such skin is inflamed, broken (e.g., abraded, cut) or where a skin infection or eruption is present.

J. No person afflicted with an infection or parasitic infestation capable of being transmitted to a client shall remain on the premises of a massage establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a client include, but are not limited to: 1) cold, influenza or other respiratory illness which may or may not be accompanied by a fever, for seven (7) days after illness onset or until twenty-four (24) hours after the cessation of symptoms, whichever is longer; 2) streptococcal pharyngitis (“strep throat”), until twenty-four (24) hours after treatment has been initiated and twenty-four (24) hours after the cessation of symptoms; 3) purulent conjunctivitis (“pink eye”), until examined by a physician and approved for return to work; 4) pertussis (“whooping cough”), until five (5) days of antibiotic therapy have been completed; 5) varicella (“chicken pox”), until the sixth (6th) day after onset of rash or sooner if all lesions have dried and crusted; 6) mumps, until nine (9) days after onset of parotid gland swelling; 7) tuberculosis until a physician or local health department authority states that the person is noninfectious; 8) impetigo (bacterial skin infection), until twenty-four (24) hours after treatment has begun; 9) pediculosis (“head lice”), until there is no further infestation; and 10) scabies (“crabs”), until after treatment has been completed. Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this subsection.

K. No person or persons shall be allowed to live inside a massage establishment at any time. All living quarters shall be separate from the massage establishment. This subsection shall not apply to a private residence or multi-unit temporary or permanent dwelling such as apartments or hotels, except as otherwise prohibited by State or local laws.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

The following operating requirements shall be applicable to all massage businesses within the City of Elk Grove:

A. Massage businesses shall only employ and/or retain persons to conduct massage services who are certified massage therapists or certified massage practitioners with an active and valid certificate issued by the CAMTC, unless exempt pursuant to EGMC Section 4.32.160.

B. CAMTC certification or a City of Elk Grove massage provider identification card shall be displayed and clearly visible on the massage provider’s person during working hours and at all times when the massage is being administered at a massage establishment or during an out-call massage.

C. Massage services shall be provided or given only between the hours of 8:00 a.m. and 10:00 p.m., unless the Chief of Police determines shorter hours of operation are necessary as a condition of any special business license in order to protect the health, safety and general welfare of the public. No massage establishment shall be open and no massage service shall be provided between 10:00 p.m. and 8:00 a.m. All massage services shall terminate by 10:00 p.m. For massage services provided within a massage establishment, all clients must exit the massage establishment by 10:00 p.m. Massage providers must inform clients of the requirement that services must cease, and the premises vacated, by no later than 10:00 p.m. each day. For massage establishments, the hours of operation must be posted so that they are clearly visible from the outside of the massage establishment.

D. A list of the services available and the cost of such services shall be posted in the reception area within the massage establishment, and shall be described in English and other such languages as necessary to communicate services to clients. No massage business shall permit any employee to offer, solicit or perform, any service other than those posted or listed as required herein, nor shall a massage business permit an employee to request or charge a fee for service other than the fee stated on the list of services.

E. Each massage business shall be managed at all times by an employee of the massage business who is familiar with the requirements of this chapter, and capable of communicating the provisions of this chapter to clients and persons employed or retained by the massage business. The massage business shall post, on a daily basis and in a conspicuous place in the reception area, the name of the manager on duty. A massage business shall not be deemed “managed” as required by this subsection unless the manager has the authority and responsibility to supervise persons employed or retained by the massage business to perform services and to supervise the delivery of massage services.

F. Every massage business must maintain a register, in writing, of all employees of the massage business. The register must contain the full legal names of all employees of the massage business, and include any aliases and assumed names used, home addresses, birth dates, telephone numbers, dates of employment and termination, if any, and the duties of each person. A complete register of all required information must be maintained at the massage business at all times in English, and retained for a period of at least two (2) years following an employee’s separation from the massage business. The register must be available by the massage business for inspection by representatives of the City during regular business hours.

G. A copy of the CAMTC certificate of each and every massage provider employed by the business shall be displayed in the reception area or similar open public place on the premises. If a massage provider is exempt pursuant to EGMC Section 4.32.160, a valid City of Elk Grove special business license or employee permit shall be displayed in the reception area or similar open public place on the premises.

H. For each massage provided, every massage business shall keep a complete and legibly written record in the English language of the following information: 1) the date and hour that service was provided; 2) the service(s) received; 3) the name of the employee entering the information; and 4) the name of the employee administering the massage. Such records shall be available for inspection by representatives of the City. Such records shall be retained by the massage business for a period of two (2) years from the date the massage business was provided.

I. It shall be unlawful for a massage business to employ or retain any person who is under eighteen (18) years of age to perform any service on or off the premises of the massage business, or in relation to the massage business.

J. Massage businesses shall not permit employees to dress while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following: 1) attire that is transparent, see-through, or substantially exposes the employee’s undergarments; 2) swim attire, if not providing a water-based massage modality approved by the CAMTC; 3) a manner that exposes the employee’s breasts, buttocks, or genitals; 4) a manner that constitutes a violation of Section 314 of the California Penal Code; and/or 5) a manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

K. No massage business shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to this chapter, nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services listed as an available service pursuant to this chapter.

L. Massage businesses must require and ensure their clients’ genitals and female breasts are draped at all times while receiving massage services and/or while in the presence of an employee.

M. No massage shall be provided in a massage establishment within any interior cubicle, booth, or other area which is fitted with a door capable of being locked. The massage establishment’s exterior doors and the doors separating the reception area from the remainder of the premises must remain unlocked during business hours unless the massage establishment is a business entity owned by one (1) individual with one (1) or no employees or independent contractors.

N. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs or unreasonably darkens the view into the premises.

O. Lighting consisting of at least one (1) artificial light of not less than four hundred fifty (450) lumens shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

P. All massage establishments shall comply with all State and Federal laws and regulations for clients with disabilities.

Q. A massage business shall only permit its massage providers to operate under the name specified in his or her CAMTC certificate or City of Elk Grove employee permit. A massage business shall operate only under the name specified in its special business license.

R. All signs shall be in conformance with the Elk Grove Municipal Code.

S. The massage business shall not permit its employees to use any electrical, mechanical, or artificial device for audio and/or video recording or for monitoring the services or conversation or other sounds inside the massage establishment without first obtaining the informed, express written consent of the client.

T. It is a violation of this chapter for any of the following to occur at a massage business: 1) unprofessional conduct, including, but not limited to, any of the following: a) engaging in sexually suggestive advertising related to massage services; b) engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence; c) engaging in sexual activity while providing massage services for compensation; d) a massage provider practicing massage on a suspended CAMTC certificate or practicing outside of the conditions of a restricted CAMTC certificate; e) providing massage of the genitals or anal region; or f) providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider.

U. The massage business shall not permit its employees, after the commencement of any massage service, to advise, suggest or otherwise indicate to the client that any additional service is available, unless the service is included as a service publicly posted in compliance with this chapter.

V. The massage business shall not permit its employees to perform any service for any client that was not ordered by such client prior to the commencement of performance of any service requested.

W. No act of prostitution, as that term is defined in the California Penal Code, or any other sexual activity involving a massage provider shall occur while providing massage.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015; Ord. 15-2015 § 3 (Exh. A § 3), eff. 8-21-2015)

All massage businesses shall permit representatives of City to conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law, during the regular business hours of the massage business, for the purpose of ensuring compliance with State and local law, including but not limited to compliance with the requirements of this chapter and other applicable fire and health and safety requirements.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)