Fillmore Municipal Code Ch. 7.50 Massage Establishments

For the purposes of this chapter, the following words and phrases will have the meaning set forth in this section:

"CAMTC" means the "California Massage Therapy Council" created under the Massage Therapy Law.

"CAMTC certificate" means a current and valid certificate issued by the CAMTC to a massage practitioner or a massage therapist.

"Director" means the director of finance of the city or his/her designee.

"Employee" means any person, including, but not limited to, a massage professional, receptionist, owner, or operator, who renders any service, with or without compensation, to the owner, manager, or agent thereof, which relates to the day-to-day operations of the massage establishment. For purposes of this chapter, the term employee shall include salaried employees and independent contractors.

"Massage" or "massage therapy" means the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation.

"Massage business" or "massage establishment" means a business or establishment, including a sole proprietor or independent contractor, that offers massage therapy within the city, whether at a fixed place of business or at a location designated by the patron, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter.

"Massage practitioner" means any person who has been certified as a massage practitioner and maintains a current and valid CAMTC certificate under the Massage Therapy Law.

"Massage therapist" means any person who has been certified as a massage therapist and maintains a current and valid CAMTC certificate under the Massage Therapy Law.

"Massage Therapy Law" means Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600).

"Outcall Massage Therapy" means the performance of massage therapy at a location designated by the patron and not at a fixed location massage business or establishment.

"Owner" means:

(1) A sole proprietor of;

(2) A general partner of; or

(3) Each individual person who holds a twenty percent or greater ownership interest in, a massage business or establishment.

"Registered school" means an institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Law.

"Specified criminal offense" means:

(a) Within five years of the date of the filing of the application has pleaded guilty or nolo contendere to, or been convicted in a court of competent jurisdiction of a misdemeanor or felony crime involving sexual misconduct, including, but not limited to:

(1) Chapter 1 of Title 9 of the Penal Code (Sections 261—269) relating to sexual crimes;

(2) Chapter 8 of Title 9 of the Penal Code (Sections 314—318.6) relating to indecent exposure, obscenity and disorderly establishments; or

(3) Penal Code Section 647(a) or (b) relating to prostitution; or

(b) Any similar offenses under the criminal code or penal of this state or any other states or countries; or

(c) Having permitted, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in (a) or (b) above (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal).

(Ord. No. 24-964, § 1, 2-27-2024)

All rates and fees provided for in this title will be the applicable amounts established by resolution to city council, as applicable.

(Ord. No. 24-964, § 1, 2-27-2024)

A. Massage Businesses and Establishments.

1. No person may engage in, conduct or carry on, or be permitted to be engaged in, conducted or carry on in any location within the city, a massage business or establishment unless all persons providing massage therapy at or on behalf of the massage business or establishment have a CAMTC certificate.

2. Each massage business or establishment, and any massage practitioner or massage therapist that desires to work as an independent contractor at a fixed location massage business or establishment or who desires to provide Outcall Massage Therapy as an independent contractor operating within the city must have a CAMTC certificate and obtain and maintain a business license as provided in Chapter 7.04.

B. Massage Therapy. No person may engage in, conduct, carry on, or perform massage therapy within the city unless such person has a CAMTC certificate.

(Ord. No. 24-964, § 1, 2-27-2024)

A. No person shall own or operate a massage establishment within the city without first obtaining a massage establishment permit (MEP) for the establishment, in accordance with the requirements of this chapter. A separate MEP shall be required for each establishment, and new applications must be made for any change in ownership of an existing establishment. A MEP shall only be issued if the massage establishment complies with all requirements of this section and the Code, and the owner obtains and maintains a current and valid city business license. No MEP shall be issued at the same business address that was subject to a prior revocation or suspension within the previous one year.

B. A massage establishment owner shall obtain and continue to maintain a current and valid MEP for each massage establishment under his or her ownership in the city. A MEP is valid for a period of twelve months, unless revoked or suspended, and shall be renewed annually prior to the expiration of the permit, or the permit will expire and the owner must cease operations until the owner obtains a new permit.

C. Each MEP application and renewal shall be applied for in person and shall include the submission of a completed application form and provision of the following information:

1. The full true name and any other names used presently or in the past by the applicant, including those under which the business will be conducted.

2. The present physical address, telephone number, and primary email addresses (if such email addresses are possessed) of the business and of the applicant. The applicant consents to service of all required notices under this chapter to the physical address of the business, which shall be the service address.

3. California driver's license or California Department of Motor Vehicles issued Identification Card and social security number(s); or other federally recognized form of identification.

4. Two identical color photographs of the applicant at least two inches by two inches taken within four months preceding the date of the application and accurately depicting the applicant.

5. The name, phone number, and addresses of the owner and lessor of the real property upon or in which the massage establishment is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a written letter from the owner of the property acknowledging that a massage establishment will be located on his or her property is required for each massage establishment permit location. Such letter will also have the property owner acknowledge that, in addition to any other liability that may be imposed by law, the property owner can be held legally responsible for the costs of any nuisance abatement under this chapter relating to the property on which the massage establishment is located.

6. Clearly legible copies of the current and valid CAMTC certificate and identification card containing a recent photograph of each massage therapist or massage practitioner who will provide massage service, including independent contractors, at the massage establishment. If the massage establishment owner does not have a CAMTC certificate, then the owner must obtain and provide to city a live scan background check.

7. A list of all current employees and independent contractors performing massage, including each such person's telephone number, date of employment, other names used, and their duties, which shall match the register of employees identified in subsection 7.50.070(B)(6).

8. A scaled or dimensioned floor plan of the facility that identifies all existing and proposed uses within the space and required operational characteristics including, but not limited to, doors, walls, restrooms, lobbies, massage rooms, minimum required lighting, location of posting of required signs, location of linens storage (clean and soiled), and all tables.

9. A statement signed by the massage establishment owner stating, under penalty of perjury under the laws of the State of California, that all information in the application is true and correct.

10. The director may require additional information if necessary to determine whether the applicant satisfies all requirements of this chapter.

11. If the director finds that any of the applicable requirements of this chapter or this code are not satisfied, including any conviction for or the permitting of a specified criminal offense, or that the applicant has provided materially false information, the application for the MEP will be denied.

D. Each MEP and MEP renewal shall be subject to the conditions outlined in Section 7.50.050 below, and the following requirements:

1. No changes in services offered by the massage establishment shall be made without submitting an application to the director for a revised MEP which describes the proposed changes and any proposed revised schedule of services and paying any applicable fees at least ten business days prior to implementing the proposed changes.

2. If, during the term of an MEP, the permittee has any change in information provided on or concerning the original application or MEP renewal application, notification of the change(s) shall be made to the director in writing at least ten business days prior to the change.

3. If a massage therapist's CAMTC certification is suspended or revoked, the massage establishment shall not allow that person to provide massage services, including outcall massages, at, through, or in connection with the massage establishment.

4. The massage establishment shall notify the director immediately upon the establishment's receipt of notice of any disciplinary action taken by the CAMTC regarding any of the establishment's massage therapists, and shall submit a copy of such notice to the director.

5. Any act or omission of anyone providing massage or performing any other service at the massage establishment's location, whether as an employee or an independent contractor, which constitutes a violation of this chapter or grounds for revocation of a MEP, shall also be deemed to be an act or omission of the permittee, the massage establishment, and/or its owner(s). Owners, managing employees and massage practitioners are strictly liable and responsible for compliance with the requirements of the law. Any violation of this chapter does not require proof of intent, criminal negligence or physical presence.

6. Each massage establishment shall be operated at all times in compliance with all federal, state and local laws, and the requirements of this chapter.

E. Transfer of MEP Prohibited. Upon the sale or transfer of any interest in a massage business or establishment, the business license and MEP will become void unless the person acquiring the interest in a massage business or establishment submits a new business license application and a new MEP application and receive approval of such license and MEP in accordance with the provisions of this section prior to the completion of the sale or transfer.

(Ord. No. 24-964, § 1, 2-27-2024)

The requirements of this chapter do not apply to:

A. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to practice their respective profession in the state and persons working under their direct supervision including independent contractors. Notwithstanding any provisions to the contrary in this chapter, such persons are not required to possess a CAMTC certificate.

B. Any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the California Business and Professions Code or any other law of the state.

C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons.

D. State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees.

E. Persons who provide sports massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the city.

F. Registered schools and their employees, licensed under CAMTC, that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor.

G. Single-occurring special events, such as marathons, health fairs, and concerts, shall provide massage therapy services only through state certified massage professionals. A MEP shall not be required so long as the event does not exceed forty-eight hours.

The exempt facilities described in this Section 7.50.050 do not include massage businesses or establishments subject to this chapter.

(Ord. No. 24-964, § 1, 2-27-2024)

A. The director may suspend or revoke a MEP based on substantial evidence that any of the following has occurred:

1. The permittee has made any false, misleading or fraudulent statement of material fact in any application, report or record filed with the city or the applicant practiced fraud or deceit in obtaining an approval under this chapter;

2. Violation of Chapter. The massage establishment owner, operator, manager, managing employee, any massage practitioner, or any of the massage establishment's or off-premises massage business' employee(s) or contractors violated a provision or provisions of this chapter or Business and Professions Code 4600 et seq. A single violation is sufficient for suspension, revocation or denial of a MEP;

3. Criminal Conviction. The massage establishment owner, operator, manager, managing employee, any massage practitioner, or any of the massage establishment's or off-premises massage business' employee(s) or contractors has been convicted in a court of competent jurisdiction of any offense described in this chapter, including infractions;

4. Improperly Maintained Facilities. The facilities and operations of the massage establishment and/or its equipment are not kept in compliance with this chapter, and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified within the time period provided in the notice. For purposes of this subsection, "notice" means notice given personally or by leaving notice at the massage establishment premises, or by first class mail, postage prepaid, to the address designated by the applicant, permittee, or property owner in accordance with this chapter;

5. Employment or Use of Uncertified Practitioners. The massage establishment has employed, allowed, or permitted a person to perform massage in the massage establishment who is not a CAMTC certified massage practitioner;

6. Employment of Persons under Eighteen Years of Age. The massage establishment has employed, allowed, or permitted to work within the facility who is not eighteen years of age or older;

7. Error. The approval or permit was issued in material or substantial error;

8. Prohibited Conduct. A massage establishment owner, manager, operator, managing employee, massage practitioner, or its employee(s) or agent(s) has been found to have engaged in prohibited conduct in violation of this chapter or operating on a suspended or revoked massage establishment permit, business tax certificate, zoning clearance or home occupation permit.

9. Disqualifying Conduct shall include:

a. Within five years preceding the date of filing of the application in question, or anytime thereafter, has been convicted in a court of competent jurisdiction of any of the following:

i. Any offense listed in California Government Code Section 51032, or any felony offense related to Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;

ii. Sections 243.4, 261, 261.9, 266 (subsections a through j), 267, 314, 315, 316, 318, 653.22, 653.23, or Section 647 (subsections a, b, d, and j) of the California Penal Code;

iii. Any offense which requires registration under Penal Code Section 290 or Health and Safety Code Section 11590, or as these sections may be amended;

iv. Any felony offense involving the use, possession, or sale of a controlled substance, as specified in Sections 11352, 11360(a), 11379, 11379.5, or 11550 of the California Health and Safety Code;

v. Any offense involving the use of force or violence upon the person of another;

vi. Any offense involving theft, embezzlement, or moral turpitude;

vii. Permanent injunction for nuisance under Penal Code Sections 11225-11235 or Health and Safety Code Section 11570 et seq.;

viii. An attempt to commit or conspiracy to commit any of the above-mentioned offenses;

ix. Any offense in another state or territory which is the equivalent of any of the above offenses; or

b. Within five years preceding the date of the filing of the application in question, or any time thereafter, has had any massage establishment, operator, technician, practitioner, therapist, or trainee certificate, license, or permit issued by any state, local agency, or other licensing authority, including the CAMTC, denied, revoked, or suspended for good cause.

c. Within ten years preceding the date of filing of the application in question, or in the case of the revocation proceedings, within five years preceding the date of the revocation notices:

i. Has engaged in the exposing of specified anatomical areas of oneself or of another person to view or in touching the specified anatomical areas of oneself or of another person while providing massage services or while within view of a customer or patron of the massage establishment; or,

ii. Has been the owner, manager, or other similar position, in an establishment where the conduct described in subsection (c)(i) has occurred.

10. Failure to Provide On-Going Information. Any failure of the massage establishment to provide required or updated information or declarations as specified by this chapter (including current massage practitioners, independent contractors, and employee ongoing information or declarations) or failure to renew required business tax certificates;

11. Failure to Maintain Bona Fide Employment. Proof of an employer-employee relationship between the operator of the massage establishment or off-premises massage business and any person working at or for the massage establishment or off-premises massage business. Satisfactory proof of bona fide employment must be shown by written payroll documentation evidencing the employer's compliance with California Employment Development Department (EDD) requirements;

12. Use of the facility for temporary or permanent housing, overnight stays or other residential uses;

13. Committing a violation of this chapter while working as an agent, employee or manager at any another establishment or off-premises business where he or she is not declared by that businesses owner and/or not declared as an employee is, by itself, a violation attributable to an applicant/permittee and will count as a violation(s) attributable to the applicant/permittee's existing permit(s). Each violation is a separate offense. Citations and revocations obtained while working at other facilities are grounds for revocation of any/all permits held by the owner or applicant/permittee;

14. The permittee or anyone acting on behalf of the permittee has refused to permit inspection by the city to verify compliance with all requirements of the MEP and/or this chapter.

B. Upon determining that grounds for MEP suspension or revocation exist, the director shall provide written notice of the suspension or revocation to the permittee. The notice shall be mailed, postage prepaid, and addressed to the last known address of the permittee, or shall be personally delivered to the permittee, and shall include reasons for the suspension or revocation.

1. Upon closure of the business, upon failure to pursue any appeals outlined in this chapter, or upon receipt of the final decision by the city manager in upholding any revocation of any MEP, all business-related signage and advertising on windows and walls, either temporary or permanent shall be removed within ten calendar days of the date of decision or closure. Failure to remove all associated signage by the business owner, management, or property owner will constitute a nuisance and grounds for abatement.

C. No massage establishment shall be established at a location where a massage establishment was closed due to conduct which violated any provisions of this chapter for one year. Establishments wishing to reapply after one year shall be subject to all the requirements of a new establishment.

D. Burden of Proof. Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permittee in any hearing or other matter under this chapter.

E. Appeal. The decision of the director for the suspension or revocation of the MEP may be appealed pursuant to the procedures set forth in Section 7.50.100 of this chapter.

(Ord. No. 24-964, § 1, 2-27-2024)

A. Facility Requirements. Each fixed location massage business or establishment must comply with the following facility requirements:

1. A recognizable and legible sign complying with the requirements of this code posted at the main entrance identifying the location as a massage business or establishment. The sign, and front of the business, will not be illuminated by strobe or flashing light.

2. In addition to the minimum lighting required by the provisions of Title 16 this Code, at least one artificial light of not less than forty watts must be provided in each room or enclosure where massage therapy is to be performed on patrons.

3. Closed cabinets must be provided and utilized for the storage of clean linen and towels. Appropriate receptacles must also be provided for the storage of all soiled linen and towels.

4. Adequate locker and toilet facilities must be provided for patrons. A minimum of one dressing room containing a separate locker for each patron to be served, which locker must be capable of being locked, and a minimum of one toilet and one wash basin must be provided by every massage establishment. Such basin must provide soap or detergent, hot and cold running water, and sanitary towels placed in permanently installed dispensers at all times.

5. Massage table or chair. A massage table or chair must be provided in each massage room and the massage must be performed on this massage table or chair with the exception of "Thai," "Shiatsu" or similar forms of massage therapy, which may be provided on a padded mat on the floor. The massage tables must be positioned so that there is at least three feet from the nearest wall to each side to allow access to the table on all sides. Foam pads at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table or floor pad, as provided above, and must be covered with durable, washable plastic or other waterproof material.

6. Beds, mattresses, water beds, futons, sofa beds, foam pads, or any other type of portable or convertible beds are not be permitted in the establishment.

7. All building, plumbing, and electrical installations must be installed under permit issued by the division of building and safety and such installations must be installed in accordance with the California Building Code, the California Plumbing Code, and the California Electrical Code.

8. All massage establishments or ancillary massage businesses must be so equipped, maintained, and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present, effective control measures must be instituted for their control or elimination.

9. No massage establishment will be equipped with tinted or one-way glass in any treatment room or office.

10. No massage establishment located in a building or structure with glass windows fronting a public street, highway, walkway, or parking area will hang or use drapery, curtains, shades, blinds, shutters, tints or any other material that completely obstructs the view into the premises ("window covering"), unless said windows are installed in a massage therapy room or provide a view into a defined space dedicated solely to the provision of massage services where compliance with this provision would interfere with the privacy of a patron.

B. Operational Requirements. Each fixed location massage business or establishment and any massage business or establishment providing outcall massage therapy, must comply with the following operational requirements, as applicable:

1. General Cleaning. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment 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 facilities must be thoroughly cleaned each day the business is in operation. Bathtubs must be thoroughly cleaned after each use. (Not applicable to outcall massage therapy.)

2. Towels and Linen. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity. Towels, sheets and linens must not be used by more than one person. Reuse of such linen is prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. Enclosures shall be provided for the separate storage of clean and soiled linen, and shall be plainly marked "clean linen" and "soiled linen."

3. Patron Garments. All bathrobes, bathing suits or other garments provided for the use of patrons must be either disposed of after any use or laundered as provided in subsection (B)(2) above.

4. Locked Doors. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no massage business or establishment staff available to assure the security of patrons and massage practitioners or therapists who are behind closed doors. (Not applicable to outcall massage therapy.)

5. Service List and Prices. Each massage therapy service offered, the price of the service and the minimum length of time such service will be performed must be posted in a conspicuous public location in each massage business or establishment. The services must be described in readily understandable terms, all letters and numbers must be not less than one inch in height, and must be in English and such other languages as may be convenient to communicate such services. No services may be performed and no sums may be charged for such services other than those posted. All arrangements for services to be performed must be made in a room in the massage business or establishment that is not used for massage therapy unless no other room exists in the business or establishment. (Not applicable to outcall massage therapy.)

6. Register of Employees. Every massage business or establishment must maintain a register of all employees. The register must contain the names of all employees, other names used, their home address, age, birth date, gender, height, weight, color of hair, eyes, telephone number, social security number, date of employment and termination, if any, and the duties of each employee. All such information must be maintained in the register for a period of two years following such employee's termination. Such employee register must be available for inspection at the massage business or establishment to representatives of the city during regular business hours.

7. Practitioner and Therapist Attire and Hygiene. To protect patrons from potential health and sanitary hazards, all massage practitioners and therapists must be clean and must perform all services in full, clean outer garments. Clothing must be of non-transparent material and must provide complete covering from midthigh to three inches below the collarbone. No owner, massage practitioner, massage therapist, or employee shall perform any task or service associated with the massage establishment in attire prohibited by California Business and Professions Code section 4609 (a) (10).

8. CAMTC Certificate. All massage practitioners and therapists must have their original CAMTC certificate displayed as required by California Business and Professions Code 4608. All massage practitioners and therapists must have on his or her person their CAMTC identification card; such identification card must be provided to city officials upon demand. At least one person who has a CAMTC certificate must be on the premises at all times while the business or establishment is open for business.

9. Patron Attire. The patron's genitals, pubic area, anus and a female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any massage practitioner or therapist is in the massage therapy room or cubicle with the patron.

10. Improper Solicitation or Performance of Services. Except to the extent required, in writing, by a state licensed medical practitioner, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron. No massage practitioner, therapist, or other person may offer to or perform any act of prostitution as such term is defined in the California Penal Code. No massage practitioner, therapist or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are publicly posted. (This regulation does not preclude the discussion with a patron in the lobby or public area of additional or alternative massage services that are not posted upon completion of the massage.) No massage practitioner or massage therapist may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested.

11. Records of Treatments. Each massage business or establishment must keep a complete record of the date and hour of each treatment, the name and address of the patron, and the name of the massage practitioner or therapist administering such treatment. Such records must be available for inspection by city representatives for the purposes of law enforcement and for no other purpose. Identical records must be kept for outcall massage therapy services and, in addition, must describe the address where such services were rendered. The records must be maintained for a period of at least two years.

12. Access. The following persons may be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation: (i) massage practitioners and massage therapists; (ii) patrons, who may be accompanied by no more than one family member; (iii) visitors of massage practitioners and therapists; and (iv) those public officials described in Section 7.50.080(A) who are undertaking inspection or enforcement activities; provided that such visitor's access is limited to the designated office of the massage business or establishment. Any other persons found beyond the first interior door leading to the inside of the premises including, but not limited to hallways, massage rooms, reception/business offices or lounge area will be a violation of this chapter. Nothing contained in this subsection prohibits any employee from being present in hallways, reception/business offices or other areas necessary or relating to such person's employment duties, nor prohibit any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person's services, except that no such employee or service personnel may be permitted in any massage room or cubicle while a patron is present in such room or space.

13. All liquids, creams, or other preparations used on, or made available to, patrons shall be kept in clean 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 a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

14. General Prohibition on Massage Therapy in Personal Residences. No massage practitioner or massage therapist may provide massage therapy in his or her personal residence within the city unless such residence is located in a mixed-use district that allows for the commercial use of a residence by right.

15. Licensee Responsibility. Each owner and holder of a massage business license is responsible for the conduct of all employees, agents, independent contractors or other representatives, while on the premises of the massage business or establishment and while providing any massage therapy on behalf of such business of establishment.

C. Prohibited Conduct.

1. All employees must wear clean outer garments. The garments must not include: Attire that is transparent, see-through, or substantially exposes any undergarments; Swim attire; Attire that exposes the certificate holder's breasts, buttocks, or genitals; Attire that constitutes a violation of Section 314 of the Penal Code; or attire that would otherwise be deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

2. It will be unlawful for any person to provide a massage use or possess, or permit to be used or possessed, any sexually oriented items, sexually oriented implements, devices, and including, but is not limited to, condoms, lubrication other than massage oil, and sexually oriented items that are designed or marketed primarily for the stimulation of human genital organs. No condom will be stored or kept on the premises of a massage business.

3. No alcoholic beverage or drug, other than a prescription medication in the possession of the person for whom the prescription was written will be stored or kept on the premises of a massage business.

4. No video or audio recording devices or surveillance cameras of any type may be installed in rooms where massage services are or may be provided. No live viewing, broadcasting or streaming of audio or video may occur in a room where massage is provided.

5. No person will publish or distribute, or cause to be published or distributed, any advertising matter including on the internet or on site that would reasonably suggest to prospective clients that any service is available other than a massage. In addition, no massage professional, nor any owner or operator of a massage establishment or an ancillary massage business will place, publish, or distribute or cause to be placed, published, or distributed any advertising or decorative matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services posted on the premises as required in this chapter.

6. No person will allow another person to reside, dwell, or live inside the massage establishment or ancillary massage business at any time, nor will any person reside, dwell, or live inside the massage establishment or ancillary massage business at any time. Evidence of residential use will include, but is not limited to the presence of:

a. Packed suitcases, clothing, or shoes in an amount that exceeds one change of clothing for each employee or independent contractor who is present on the premises; or

b. Bedding, beds or mattresses; or

c. Sleepwear, including pajamas, nightgowns, and lingerie;

d. Groceries that require cooking, such as raw meats, poultry, fish, and grain;

e. Cookware, utensils, and cooking equipment in excessive of that normally found in a business office;

f. Personal grooming and hygiene items.

(Ord. No. 24-964, § 1, 2-27-2024)

A. Representatives of the city's building department, community development department, fire department, and police department and Ventura County Officials may, from time to time, make an inspection of each fixed location massage business or establishment in the city during regular business hours for the purpose of determining that all applicable laws are met.

B. This chapter may be enforced by any means available under the law, including, but not limited to, fines, notices of violations, citations, revocations, and criminal actions. Such enforcement methods may be utilized by the city in parallel, serially, or otherwise at the city's discretion. Any provision of this chapter that entrusts an action to the director may be delegated to his or her designee(s).

C. Whenever any city official or contractor inspects a massage establishment and finds that any provision of this chapter has been violated, he or she shall give notice of such violation by means of an inspection report or other written notice, including, but not limited to, issuing a citation for each and every violation of this chapter or other applicable laws. In any such notification the investigating person shall:

1. Set forth the specific violation or violations found, and shall notify the permittee that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the revocation or denial of the relevant permit.

2. No time to correct need be given for health and safety violations or violation of criminal law.

3. Permittee, owner, responsible managing officer, managing employee, and/or operator, as applicable, shall take immediate action to correct violations and city officials or designee may re-inspect the business for compliance.

(Ord. No. 24-964, § 1, 2-27-2024)

A. A hearing to revoke, suspend, or deny any mep shall be scheduled before director within sixty days of the filing of the request with the city clerk. Notice of the time and place of the hearing shall be given to the owner/operator and property owner at least fifteen days in advance of the date of the hearing, which may be continued for good cause by the director.

B. The director shall hear and consider all relevant evidence including, but not limited to, testimony from owners, city personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.

C. The owner/operator and/or property owner shall have the burden of proving that he or she meets the requirements for issuing the certificate of registration in the first instance; the city has the burden in proving that grounds exist for revoking, suspending, or denying a certificate of registration.

D. The owner/operator and/or property owner shall not provide his or her own interpreter for the hearing. Where an interpreter is needed, the owner/operator and/or property owner shall notify the city, and city shall provide the interpreter. Failure to request an interpreter shall be deemed a voluntary and intelligent waiver of the right to an interpreter.

E. Written notice of the director's decision shall be issued to the owner/operator and property owner within five business days of the conclusion of the hearing. The decision shall provide notice of the right to appeal the decision to the city manager.

(Ord. No. 24-964, § 1, 2-27-2024)

A. Any person aggrieved by the decision of the director shall have the right to appeal to the city manager. The notice of appeal shall state the specific basis for such appeal, accompanied by supporting substantiating evidence, and must be filed with the city clerk within fifteen days following the date of the notice of decision issued pursuant to Section 7.50.090(E). Failure to timely file an appeal shall be deemed a waiver of all rights of appeal.

B. The city clerk shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the city council, to defray the cost of such appeal. Any appeal without the payment of fees shall be considered to be untimely.

C. If a timely appeal is filed, the effect of the director's decision will be stayed pending the city manager's resolution of the matter, unless the director specifically finds that the public health, safety, or welfare is endangered.

D. Upon receipt of the notice of appeal with the required fee, the city clerk shall set the matter for hearing at least fourteen days, but not more than sixty days, from the date of the appeal request. The city clerk shall give the appealing party and property owner written notice of the time and place of the hearing. The hearing may be continued to a later date only upon the mutual consent of the parties.

E. The appeal hearing shall be conducted as described above in Section 7.50.090.

F. The city manager's decision shall be communicated in writing to the appellant and property owner within five days after the close of the hearing. The city manager's decision shall state whether the decision of the director is affirmed, modified, or reversed and shall state the reasons therefore. The decision of the city manager will include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in the superior court shall be filed within ninety calendar days following the city manager's notice of decision.

G. The affected owner/operator and/or property owner may have up to thirty days following a final decision revoking, suspending, or denying the MEP to cease operations.

(Ord. No. 24-964, § 1, 2-27-2024)

If a MEP is revoked or suspended, or renewal denied, the mep shall be surrendered to the director within thirty days of a final decision. If no appeal is filed, the revocation or suspension shall become effective within thirty days of the expiration of the period for filing an appeal.

(Ord. No. 24-964, § 1, 2-27-2024)

A. A person may not apply for a new MEP pursuant to this chapter for a period of one year of the date of surrender of a MEP.

B. No MEP shall be issued to any person for a massage establishment at a location affected by suspension of a MEP during the period of suspension.

C. No MEP shall be issued to any person for a massage establishment at a location affected by revocation of a MEP for a period of one year from the date revocation is effective.

(Ord. No. 24-964, § 1, 2-27-2024)

Each property owner of the physical premises on which a massage establishment is located may incur liability imposed by law, including, but not limited to, the costs of any nuisance abatement under Chapter 1.09. The city may provide property owners with notices of violations, fines, convictions, suspensions, or revocations of massage establishment certificates and licenses or otherwise, related to this chapter on said property.

(Ord. No. 24-964, § 1, 2-27-2024)

Any massage establishment that was validly permitted as of the effective date of the ordinance codified in this chapter to operate a massage establishment must apply for and obtain a MEP within one hundred eighty days effective date of the ordinance.

(Ord. No. 24-964, § 1, 2-27-2024)