Chapter 5.25 — RULES AND REGULATIONS FOR MASSAGE ESTABLISHMENTS AND MASSAGE

The purpose of this chapter is to establish reasonable regulation of massage establishments, massage therapists and practitioners by requiring persons who engage in the practice of massage to obtain and continue to maintain a valid and current state certification as set forth in California Business and Professions Code Sections 4600 et seq. It is the intent of the city of Folsom in adopting this chapter to protect the public’s health, safety and welfare through the standards of professional competence and operational requirements established or otherwise permitted under state law. (Ord. 1173 § 2 (part), 2013)

The following words and phrases are defined for the purposes of this chapter as follows:

“California Massage Therapy Council” means the massage therapy organization formed pursuant to California Business and Professions Code Section 4600.5.

“Certificate” means the certificate issued by the California Massage Therapy Council.

“Massage therapist” or “massage practitioner” means a person who is certified by the California Massage Therapy Council as a massage practitioner or a massage therapist and who administers massage for compensation.

“Certified sole proprietorship” means any massage business where the owner is the only person employed or used by that business to provide massage services and the owner has a current and valid certificate.

“Massage” or “massage therapy” means the systematic and scientific manipulation and treatment involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external surfaces of the body with hands, apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, or any other type of bath. Massage therapy does not include diagnosis, prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, physical therapy, acupuncture, or podiatry is required by law.

“Massage establishment” means any business where any individual, firm, association, partnership, corporation, or combination thereof that engages in, conducts, carries on, or permits to be engaged in or conducted, for money or any other consideration, massage or massage therapy including, but not limited to, those engaged primarily in massage therapy or that provide massage as an accessory to their principal permitted use, such as aromatherapy, beauty salon, health club, skin care salon, acupuncture, chiropractic office or day spa.

“Massage establishment operator” or “operator” means a person who supervises, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage establishment.

“Off-premises massage services” means services in which a massage therapist or massage practitioner engages in, conducts, or carries on a massage at a location other than a massage establishment at a fixed location.

“Patron” means a customer or client who receives a massage or massage therapy in exchange for money or other consideration.

“Reflexology” means massage of the feet or hands based on the belief that pressure applied to specific points on these extremities benefits other parts of the body. It is a non-invasive complementary modality involving the use of alternating pressure applied to the reflexes within the reflex maps of the body located on the feet, hands, and outer ears. (Ord. 1173 § 2 (part), 2013)

A. Unless exempt under Section 5.25.110, no person may practice as a massage therapist or massage practitioner within the city of Folsom without a certificate issued by the California Massage Therapy Council.

B. No person shall conduct or operate a massage establishment or off-premises massage service without requiring that all persons practicing massage in, for, or on behalf of the massage establishment possess a current and valid certificate issued by the California Massage Therapy Council. (Ord. 1173 § 2 (part), 2013)

A. Massage practitioners and massage therapists working in the city but who do not possess a certificate issued by the California Massage Therapy Council shall have until July 1, 2013, to comply with the requirements of this chapter. Upon presentation of satisfactory evidence that the individual is actively applying for a certificate or enrolled in an approved massage school as defined under Business and Professions Code Section 4600(a), the chief of police may extend the compliance period for an additional period not exceeding twelve months at his or her discretion.

B. In order to continue practicing massage during the compliance period provided in this
section without a certificate, massage practitioners and massage therapists who do not
currently possess a certificate shall meet the following requirements:

1. Provide proof of certificate application to the California Massage Therapy Council,
or course enrollment to satisfy the certificate requirement, to the chief of police no
later than twenty calendar days from the effective date of the ordinance codified in
this chapter; and

2. The individual is otherwise in compliance with all applicable provisions of this
chapter; and

3. The individual is not required to register as a sex offender under California Penal
Code Section 290, does not have any record of conviction of violation of California
Penal Code Sections 266i (pandering), 315 (keeping or residing in house of ill-fame),
316 (keeping house of prostitution), 318 (prevailing upon person to visit place for
gambling or prostitution), 647(b) (prostitution); 653.23 (supervision of prostitute);

any sex or illegal substance related offense, or similar provisions in other
jurisdictions.
(Ord. 1173 § 2 (part), 2013)

The following health and safety requirements shall be applicable to all massage establishments and off-premises massage services:

A. All individuals working in or for a massage establishment or off-premises massage service
shall be fully clothed at all times, whether or not massage services are being performed.
Clothing shall be of a clean, fully opaque, nontransparent material without holes and
provide complete coverage from midthigh to three inches below the collar bone.

B. The massage establishment and off-premises massage services shall at all times be
equipped with an adequate supply of clean sanitary towels, coverings and linens, and all
massage tables shall be covered with a clean sheet or other clean covering for each patron.
After a towel, covering, or linen has once been used it shall be deposited in a closed
receptacle and not used until properly laundered and sanitized. Clean towels, coverings and
linens shall be stored in closed, clean cabinets when not in use.

C. All liquids, creams, or other preparations used on or made available to patrons shall be kept
in clean and closed containers. 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.

D. All bathrobes, bathing suits and/or other garments that are provided for the use of patrons
shall be either fully disposable and shall not be used by more than one patron, or shall be
laundered after each use pursuant to subsection B of this section.

E. The patron’s genitals, pubic area, anus, gluteal crease, or the areola (nipple), and female
patron’s breasts below a point immediately above the top of the areola must be fully draped
at all times while any employee of the business or establishment is in the massage therapy
room, cubicle, or any type of room or space with the patron. No massage service or
massage therapy shall be administered to a patron that results in intentional contact, or
occasional and repetitive contact, with the genitals, pubic area, anus, gluteal crease, the
areola (nipple), and female breasts of a patron.

F. No person afflicted with an infection or parasitic infestation transmissible to a patron shall
knowingly administer massage service or massage therapy to a patron, or remain on the
premises of a massage establishment while so infected or infested.

G. No person shall enter, be, or remain in any part of a massage establishment or any room or space used by an off-premises massage service while consuming, using, or under the influence of an alcoholic beverage, unless properly licensed by the Department of Alcoholic Beverage Control, or a drug unless it is a drug prescribed for that individual. The responsible owner, operator, managing employee or manager shall not permit any such person to enter or remain on such premises. (Ord. 1173 § 2 (part), 2013)

A. Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and in a sanitary condition. Appliances, apparatus, and equipment shall be disinfected after each use.

B. A list of services and prices shall be posted in an open, public place on the premises, and
shall be described in readily understood language. No owner, operator, responsible
managing employee or manager shall permit, and no massage practitioner or massage
therapist shall offer to perform services other than those posted.

C. A dressing room, which may be the room where massage is administered for each patron,
shall be available on the premises with individual lockers or a separate storage area for the
clothing of the patron. A separate dressing area and clothing locker or storage area is
required where the massage is performed in a place other than where the patron changes
his or her clothing. Doors to such dressing rooms shall open inward and shall be self-
closing.

D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly
cleaned each business day. Bathtubs shall be thoroughly cleaned after each use.

E. If a receptionist is present, the public entrance door of the massage establishment and the
doors of all massage rooms or cubicles must remain unlocked during any time the
establishment is occupied. In the absence of a receptionist, the public entrance may be
locked as long as fire safety requirements are met (panic bar, no dead-bolt).

F. No massage may be given within any cubicle, room, booth or any area behind a locked
door unless there is no staff available to assure security for patrons and massage staff who
are behind closed doors.

G. No person shall enter, be, or remain in any part of a massage establishment while
consuming, using, or under the influence of an alcoholic beverage, unless properly licensed
by the Department of Alcoholic Beverage Control, or a drug unless it is a drug prescribed
for that individual. The responsible owner, operator, managing employee or manager shall
not permit any such person to enter or remain on such premises.

H. Any person operating a massage establishment from home shall have a valid home
occupation permit and a city of Folsom business license, and shall comply with the
following specific conditions, in addition to any other requirements for home occupations
under Chapter 17.61:

1. The massage establishment may operate from 7:00 a.m. to 9:00 p.m. on weekdays, and from 8:00 a.m. to 6:00 p.m. on weekends; 2. The number of massage therapists, massage practitioners or other individuals working in or employed by the massage establishment shall not exceed four persons on site, excluding clients; 3. Notwithstanding any provision to the contrary in this code, no signage, display or advertisement for massage may be visible from the exterior of the dwelling. I. The presence of any device used as an early warning system to alert the employees of a massage establishment to the presence of law enforcement officers or city authorities on the premises is prohibited in any massage establishment. Said devices may include, but are not limited to light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire alarms.

   J. The city may conduct reasonable inspections during regular business hours to ensure compliance with the California Business and Professions Code sections, this chapter, or other applicable fire, health, and safety requirements. (Ord. 1173 § 2 (part), 2013; Ord. 1217 § 2, 2015)

A. All equipment and apparatus shall be kept in a clean and sanitary condition and shall be disinfected after each use.

B. Each off-premises massage practitioner or massage therapist shall possess a copy of the
valid and current certificate issued by the California Massage Therapy Council while
administering massage services.

C. A list of services and prices shall be available for review by the patron or authorized
representative of the chief of police upon request and shall be described in readily
understood language. No owner, operator, responsible managing employee or manager
shall permit, and no massage therapist or massage practitioner shall offer to perform
services other than those available for review.
(Ord. 1173 § 2 (part), 2013)

Every massage establishment or off-premises massage business shall conspicuously display a copy of the current and valid certificate issued to each massage practitioner or massage therapist by the California Massage Therapy Council so that it may be easily seen by any person, patron, or other person on the premises. Any person providing massage services shall have a valid massage therapist or massage practitioner certificate readily available for inspection at all times while providing such services, and shall show the certificate to any authorized representative of the city upon request. (Ord. 1173 § 2 (part), 2013)

The operator of any massage establishment or off-premises massage business shall maintain a copy of the current and valid certificate issued to all persons employed or otherwise working in the establishment or business as massage therapists and/or massage practitioners. Such record shall be available for inspection by city staff at all times during regular business hours. (Ord. 1173 § 2 (part), 2013)

Change of the establishment name, location, address, management, or transfer/conveyance of the establishment business to another person requires the operator to notify the chief of police in writing ten calendar days prior to the change. (Ord. 1173 § 2 (part), 2013)

This chapter shall not apply to the following:

A. Hospitals, nursing homes, and persons holding an unrevoked certificate to practice the
healing arts under the laws of the state;

B. Trainers of amateur, semiprofessional or professional athlete or athletic team, or persons
while engaging in their training responsibilities for and with athletes, and trainers working
in conjunction with a specific athletic event;

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

D. Barbers or cosmetologists lawfully engaging in such business and holding a valid,
unrevoked license or certificate of registration issued by the state within the limitations
placed on such licenses, except that the exemption provided in this provision shall apply
solely and only to the massaging of neck, face and/or scalp of the patrons;

E. Health clubs, health spas, gymnasia, or other similar facilities designed or intended for
general physical exercise or conditioning in which the furnishing of massage or bathing
services or facilities is subordinate and incidental, except that the person performing the
massage services shall possess a state certificate as required by this chapter;

F. Individuals practicing reflexology whose practices are limited to alternating pressure
applied to the reflexes within the reflex maps of the body located on the feet, hands, and
outer ears.
(Ord. 1173 § 2 (part), 2013)

The owner(s) or operator(s) of a massage establishment shall be responsible for ensuring that every massage practitioner and massage therapist working in the establishment comply with the provisions of this chapter. (Ord. 1173 § 2 (part), 2013)

It is unlawful, a misdemeanor, and a public nuisance to violate any provision in this chapter, including but not limited to practice massage or operate a massage establishment in violation of any of the provisions of this chapter. (Ord. 1173 § 2 (part), 2013)