Fairfield Municipal Code Art. I In General

It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety, and general welfare. This chapter relies upon the state certification process of the California Massage Therapy Act (California Business and Professions Code Section 4600 et seq.). In addition, this chapter provides certain minimum standards for the operation of massage establishments.

(Ord. No. 74-26, § 2; Ord. No. 2015-14, § 2)

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

“California Massage Therapy Council” or “CAMTC”

shall mean the California Massage Therapy Council as defined in Business and Professions Code Section 4602.

“Massage”

shall mean a method of procedure upon the external parts of the body consisting of rubbing, stroking, kneading or tapping with the hand or any instrument, and other techniques recognized as legitimate by CAMTC.

“Massage establishment”

shall mean a fixed place of business where any person(s), association or corporation engages in or conducts or permits to be engaged in or conducted any business of giving massage. Massage establishment also includes any public bath house that provides Turkish, Russian, Swedish, vapor, sweat, electric, salt or any other kind of character of baths where alcohol rub, fomentation, bath or electric massage procedure, manipulation of the body or similar procedures are given with the assistance of an attendant. Home-based massage businesses and businesses that provide out-call massage services are also massage establishments for purposes of this chapter.

“Massage therapist”

shall mean any person who administers to another person, for any form of consideration having monetary value, a massage, alcohol rub, fomentation, bath or electric massage procedure, manipulation of the body or other similar procedure. For purposes of this chapter, the term “massage therapist” includes CAMTC-certified massage therapists and CAMTC-certified massage practitioners.

“Operator”

shall mean any person who is a manager of a massage establishment, whether on a continuing, temporary or one-time basis. An operator may also be an owner.

“Owner”

shall mean 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 (10) percent 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.

“Out-call massage services”

shall mean the engaging in or carrying on of massage therapy for compensation at locations other than at a fixed place of business.

“Person”

shall mean any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

(Ord. No. 74-26, § 3; Ord. No. 96-4, § 1; Ord. No. 2015-14, § 2)

The provisions of this chapter shall not be construed as applying to any physician, surgeon, chiropractor, osteopath or any nurse or technician working under the supervision of a physician, surgeon, chiropractor or osteopath licensed to practice their respective professions in the state; nor shall it apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice such art or profession under the Business and Professions Code of the state.

(Ord. No. 74-26, § 5; Ord. No. 2015-14, § 2)

(a) It shall be unlawful for any person to practice massage therapy for compensation within the city unless that person is a CAMTC certified massage professional in good standing.

(b) It shall be unlawful for a massage establishment to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is a CAMTC certified massage professional.

(Ord. No. 2015-14, § 2)

All massage establishments shall comply with the following requirements:

(a) Lighting shall be provided in accordance with the building laws and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.

(b) Ventilation shall be provided for each enclosure of room.

(c) Equipment for disinfecting and sterilizing instruments shall be provided.

(d) Closed cabinets shall be utilized for the storage of clean linen.

(e) Dressing areas, and toilet facilities shall be provided for patrons. Lockers shall be provided whenever patrons are required to undress or disrobe. Male and female patrons shall not be served simultaneously in the same room. Male and female patrons shall not simultaneously use massage rooms, dressing areas, lockers and toilet facilities.

(f) The inside of doors to individual massage rooms or enclosures shall not be fitted with locks or any device intended to prevent the opening of such doors. Doors of individual massage rooms shall not be locked at any time during a massage therapy session.

(g) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and other physical facilities must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(h) Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted.

(i) Compliance with all applicable laws, including but not limited to, labor and health and safety laws, building codes, ordinances, rules and regulations.

(j) Compliance with the Massage Therapy Act (California Business and Professions Code Section 4600 et seq.), including but not limited to those provisions relating to the display of certificates, sexual acts, advertising, and dressing requirements.

(k) Massage shall be provided on a massage table manufactured for the purpose of providing massage.

(l) Except in emergencies, patrons shall be directed to use the front or street facing entrance and exit.

(m) All payment for services, including gratuities, shall be exchanged in a reception room or other central area, if any, and not within any of the massage rooms.

(Ord. No. 96-4, § 3; Ord. No. 2015-14, § 2. Formerly 10A.4)

Every person owning or operating a massage establishment under the provisions of this chapter shall maintain a record of the date and hour of each treatment, the name and address of the patron, the amount paid for the treatment including any gratuity, and the name of the massage therapist administering such treatment. Such records shall be completed in a legible manner, and shall be maintained on the premises of the massage establishment. Such records shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Such records shall be maintained for a period of two years.

(Ord. No. 74-26, § 7; Ord. No. 89-11, § 2; Ord. No. 96-4, § 2; Ord. No. 2015-14, § 2. Formerly 10A.5)

Every holder of a permit for a massage establishment shall cause to be displayed in a conspicuous place, readily seen by persons entering the premises, a list of services and the cost of such services provided by the establishment. Any services rendered, which are not so listed, may be grounds for revocation or suspension of the massage establishment permit.

(Ord. No. 74-26, § 9; Ord. No. 96-4, § 2; Ord. No. 2015-14, § 2. Formerly 10A.6)

No person subject to the provisions of this chapter shall operate under any name or conduct business under any designation not specified in the permit.

(Ord. No. 74-26, § 10; Ord. No. 2015-14, § 2. Formerly 10A.7)

(a) No massage establishment shall be kept open for business between the hours of ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.). Clients shall be permitted in the massage establishment only during the hours of operation.

(b) No alcoholic beverages shall be sold, served, or furnished to any client; nor shall any alcoholic beverages be permitted, kept or possessed on the premises of a massage establishment unless the massage establishment has a current ABC license and all required city approvals.

(c) No massage shall be provided to or upon a minor without the consent of a parent or guardian.

(Ord. No. 2015-14, § 2)

Every person, association, or corporation operating a massage establishment shall permit those officials charged with the enforcement of the provisions of this chapter to make inspections from time to time to determine that the provisions of this chapter are continually being met.

No permittee shall allow communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officials.

(Ord. No. 74-26, § 11; Ord. No. 2015-14, § 2. Formerly 10A.8)

(a) Every holder of a permit for a massage establishment shall have the responsibility to insure that each individual providing massage at the establishment, including independent contractors, is a CAMTC certified massage professional.

(b) Every holder of a permit for a massage establishment shall exercise close supervision over the acts of massage therapists or other persons employed on the premises, including independent contractors. The acts of massage therapists or other employees or independent contractors, when in violation of this chapter or any conditions of a permit issued hereunder, may constitute grounds for revocation or suspension of the massage establishment permit.

(c) The holder of the permit must immediately notify the chief of police of any disciplinary action taken by CAMTC regarding a massage therapist employed or retained by the massage establishment and submit a copy of any notice or order.

(d) If an individual massage therapist’s CAMTC certification is suspended or revoked, the holder of the permit must immediately notify the chief of police and such individual shall be prohibited from providing massage services at the massage establishment until such time as the individual’s CAMTC certification is reinstated.

(Ord. No. 74-26, § 12; Ord. No. 96-4, § 2; Ord. No. 2015-14, § 2. Formerly 10A.9)

(a) It is unlawful for the owner, operator, or any person employed or retained by the massage establishment, including independent contractors, to engage in conduct or commit acts that a reasonable person in the client's position would understand as an offer to perform on or engage in with a client acts that are sexual in nature or that involve the touching of the client's genitals, pubic area, anus, or areola or in a manner intended to arouse, appeal to or gratify the lust or passion or sexual desires. This section is not intended to prohibit any massage techniques recognized by the CAMTC as legitimate, or to impose any specific restriction on professional practice beyond those set forth in California Business and Professions Code Section 4609(a)(1).

(b) It is unlawful for any holder of a permit issued pursuant to this chapter to solicit business other than upon a permitted premises.

(c) It is unlawful for any holder of a permit issued pursuant to this chapter to perform any treatment covered by this chapter at the permittee’s place of residence or to permit the provision of massage services at a residence of a massage therapist employed or retained by the permittee.

(Ord. No. 96-4, § 4; Ord. No. 2015-14, § 2. Formerly 10A.10)

Upon the sale or transfer of any interest in a massage establishment, the permit shall become null and void unless the transfer has been approved pursuant to section 10A.21.

(Ord. No. 74-26, § 14; Ord. No. 2015-14, § 2. Formerly 10A.11)

(a) Every person, except those persons who are specifically exempt by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator; or whether acting as a mere helper for the owner, employee or operator; or whether acting as a participant or worker in any way, who shall violate any provision of this chapter shall be guilty of a misdemeanor.

(b) Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the city 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; and shall take other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter.

(c) Any person who violates the provisions of this chapter may be subject to administrative fines in an amount not to exceed one thousand dollars ($1,000), or such other amount as may be permitted under California Government Code Section 36901.

(d) All remedies and penalties under this section shall be cumulative. The city may, in its discretion, elect to pursue any one or more of the remedies or penalties provided for under this Code or at law or in equity.

(Ord. No. 74-26, § 25; Ord. No. 2015-14, § 2. Formerly 10A.13)