Farmersville Municipal Code Ch. 5.18 Massage Businesses

For the purposes of this chapter, unless otherwise apparent from the context, the following words or phrases used in this chapter are defined as follows:

A. "CAMTC" means the California Massage Therapy Council created pursuant to Section 4600.5 of the California Business and Professions Code.

B. "Massage" means to apply any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.

C. "Massage establishment" shall mean any fixed location where any person is given a massage in exchange for any gratuity or consideration.

D. "Massage therapist" and "massage practitioner" shall mean person who has obtained a certificate from the CAMTC pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4601).

E. "Operator" means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a business that provides massage services.

F. "Owner" means any of the following:

1. The sole proprietor of a massage business;

2. Any general or limited partner of a partnership that owns and operates a business that provides massage services; or

3. Any individual person who has an ownership interest in a firm, association, partnership, corporation, limited liability company, joint venture that owns a business that provides massage services.

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

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

(Ord. No. 457-A, § 2, 11-26-2012)

A. It shall be unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any commercial or business activity in which a massage service is provided within the limits of the City of Farmersville without having a valid business license issued under Chapter 5.04 of this Code, which said chapter shall be fully applicable except to any extent expressly indicated otherwise in this chapter.

B. Notwithstanding any other provision in the Farmersville Municipal Code, a business license issued to, or sought by, a business which provides massage services within the City of Farmersville shall be invalid, or subject to denial, unless all of its personnel who provide massage services and all of its operators and owners have a valid massage therapist or massage practitioner certificate issued by the CAMTC under Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4601).

C. Unless otherwise prohibited by state or federal law, every person applying for a business license for a business that will provide massage services must pay for and complete a LiveScan or comparable background check and provide the results thereof to the city in connection with their application for an initial business license. Such applicant must also verify their identity by presenting an unexpired identification card or driver's license issued by any U.S. state or the federal government.

D. Notwithstanding any other provision in Chapter 5.04 of this Code, in lieu of the city clerk, the city manager or her/his designee shall be responsible for accepting, processing, issuing, denying and revoking any business license or business license application of any person or business that provides massage services.

(Ord. No. 457-A, § 2, 11-26-2012)

A. Except to the extent expressly stated otherwise, the provisions of this chapter shall not apply, to the following classes of individuals or businesses while engaged in the performance of their duties only if sufficient documentation verifying exempt status is furnished to the city manager or her/his designee:

1. Employees of state-licensed hospitals, nursing homes, sanatoriums and other state-permitted health care facilities while working in those facilities;

2. Individuals holding a valid permit or license to practice the healing arts under the laws of the State of California, including, but not limited to, physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses;

3. Barbers, cosmetologists, estheticians and manicurists who are duly licensed under the laws of the State of California while providing a massage service within the scope of such licenses, only if the massage is limited to the neck, face, scalp, feet or lower extremities below the knees and elbows of the consumer and this exemption shall not apply to full body work or full body massage;

4. Any school of massage approved by the CAMTC and the students thereof while formally in training, only if the students provide a massage service only under the direct personal supervision of an instructor who is physically onsite;

5. Accredited colleges and universities whose coaches and trainers are acting within the scope of their employment; and

6. Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes or during competition in a specific event.

(Ord. No. 457-A, § 2, 11-26-2012)

A. For the purpose of enforcing the requirements of this chapter, and in accordance with Section 4612(c), the owners and operators of a massage business within the City of Farmersville shall be fully responsible for the conduct of all of its employees and independent contractors working on its premises.

B. If any owner, operator, employee or independent contractor of a massage business violates any provision of the Farmersville Municipal Code or any state or federal law while on the premises of said massage business, the business license of said massage business may be suspended, revoked or restricted pursuant to the procedures set forth in Section 5.04.200. In addition, the City of Farmersville shall report all violations to the CAMTC.

C. The city manager, or her/his designee, may deny, refuse to renew, suspend or revoke any business license required by this section where the applicant or licensee has:

1. Failed to provide a fully completed application for a business license;

2. Provided materially false information on an application for a business license;

3. Failed to pay to the city the required business license application fee;

4. Violated any provision of Chapter 10.5 of Division 2 of the California Business and Professions Code;

5. Committing any act punishable as a sexually-related crime on the premises where massage services are provided;

6. Been convicted of any felony, misdemeanor, infraction or municipal code violation, or liability in an administrative or civil action, that is substantially related to the qualifications, functions or duties of a certified massage therapist or practitioner; or

7. Violated any ordinance of the City of Farmersville on the premises where a massage service was provided by a certified massage therapist or practitioner.

(Ord. No. 457-A, § 2, 11-26-2012)

A. Massage services for any form of compensation are prohibited beyond those business hours which are generally applicable to all businesses under Title 17 of the Farmersville Municipal Code, including, but not limited to, Sections 17.44.050(F) and 17.48.050(G), to the extent applicable.

B. Whenever a tub or shower, toilet, or a washbasin is provided for customer use, hot and cold running water under pressure must be provided to all washbasins, tubs, showers and similar equipment. Each washbasin must be provided with soap or detergent and sanitary towels must be placed in permanently installed dispensers. A trash receptacle must be provided in each toilet room.

C. All walls, ceilings, floors, pools, showers, tubs, wet and dry heat rooms, steam and vapor rooms, tables, and all other physical facilities must be in good repair and maintained in a clean and sanitary condition.

D. Clean and sanitary towels, sheets, and linens must be provided for each customer receiving massage services and after each use must be replaced with some that are unused. Heavy white paper may be substituted for sheets provided such paper is only used once for each customer then discarded.

E. Separate closed cabinets or containers must be provided for the storage of clean and soiled linen and must be plainly marked, "Clean Linen" and "Soiled Linen."

F. Disinfecting agents and sterilizing equipment must be provided for, and used on, any instrument used to perform any massage.

G. Pads on massage tables must be covered in a workmanlike manner with durable, washable plastic or other waterproof material.

H. Each room where massage services are conducted must be illuminated by a minimum of one forty-watt white light bulb with translucent or transparent covering.

I. At all times while providing a massage service at a massage establishment, it shall be unlawful for any person, including any massage therapist or practitioner, to be other than fully clothed in non-transparent clothing that shall not expose their genitals, pubic area, buttocks or chest to any other person who is present and it shall also be unlawful for any operator of a massage business to fail to prevent such unlawful activity.

J. A separate locker must be provided for each customer receiving massage services and must be available at no extra charge. The locker must be capable of being locked.

K. The city shall inspect each massage establishment a minimum of one time each calendar year.

L. Massage establishments shall be subject to inspection by the city during the business hours when massage services are being offered or provided.

M. Every massage establishment must report immediately to the city manager, or her/his designee, all changes of address, management or ownership interest in the business.

N. Massage services may only be provided on premises for which an appropriate land-use permit has been obtained and in accordance with all applicable zoning requirements.

(Ord. No. 457-A, § 2, 11-26-2012)

The appeal of any denial, refusal to renew, suspension or revocation of a business license of any business that provides massage services shall be govern by Section 5.04.200 of this Code.

(Ord. No. 457-A, § 2, 11-26-2012)

A. This section is enacted, in part, pursuant to Business and Professions Code Sections 4603.7, 4612(a)(3), (b) and (e) and shall apply to persons validly certified as a massage therapist or practitioner by the California Massage Therapy Council.

B. Every massage therapist or practitioner who conducts business, utilizing their certificate issued by the California Massage Therapy Council, within the City of Farmersville must file with the city clerk a certified copy of said certificate prior to conducting such business.

C. Every massage therapist or practitioner must maintain on its business premises evidence for review by the City of Farmersville that demonstrates that all persons providing massage services are certified by the California Massage Therapy Council.

D. Officers of the City of Farmersville's police department, code enforcement unit and fire department shall have the right to conduct reasonable inspections of the premises where massage services are rendered, during regular business hours, to ensure compliance with Chapter 10.5 of Division 2 of the California Business and Professions Code, local ordinances and applicable fire and health and safety requirements.

(Ord. No. 457-A, § 2, 11-26-2012)

Any massage business operated, conducted or maintained contrary to any provision of this chapter is hereby declared to be unlawful and a public nuisance and, in addition to any other enforcement remedy provided in this chapter, the city attorney may commence an action or proceeding for the abatement thereof.

(Ord. No. 457-A, § 2, 11-26-2012)

A. Except as provided in subsection (b) of this section, violation of any provision of this chapter shall be punishable as set forth in Chapter 1.12 of this Code.

B. Any person violating any provision of this chapter, when such violation constitutes third or greater number of violations of any provision of this chapter within the preceding twelve-month period, shall be guilty of a misdemeanor and shall be punishable by fine not to exceed one thousand dollars, or imprisoned not more than six months in county jail, or both such fine and imprisonment.

(Ord. No. 457-A, § 2, 11-26-2012)