Fontana Municipal Code Div. 1 Generally

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Acupressure. See "Massage" or "Massage therapy."

CAMTC means the California Massage Therapy Council, a state-organized non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the Business and Professions Code of the state (commencing with Section 4600).

Manager means the person(s) designated by the owner/operator of the massage establishment to act as the representative and agent of the owner/operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual(s) has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an owner/operator. Additionally, a manager must meet the standards and qualifications of sections 15-549 et. seq. to qualify as a manager. For the purpose of this section the terms manager, owner, and operator, may be used interchangeably with the exception that the manager must meet the standards and qualifications of sections 15-549 et. seq.

Massage or massage therapy means a method of treating the external parts of the body including acupressure, for remedial, health, or hygienic purposes, by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding the external parts of the human body with the hands, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.

Massage establishment means any establishment having a fixed place of business where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massages, or administration to another person electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body.

Massage technician means any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage, the art of body massage, either by hands or with a mechanical or vibrating apparatus for the purpose of body massaging, reducing or contouring, or the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. As variations of such treatments, the following procedures are employed: touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. Massage technicians shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicines or drugs. The terms "massage therapist" and "massage practitioner" are included within this definition for purpose of this article. "Massage technician" expressly includes any person licensed or certified by the CAMTC as a "certified massage therapist" or "certified massage practitioner."

Operator means and includes individual(s) or entity(ies) whose name appears on the city business license and who may also manage the establishment. An operator may also be the owner. For the purpose of this section, the terms manager, owner, and operator, may be used interchangeably with the exception that the manager must meet the standards and qualifications of sections 15-549 et. seq.

Owner means and includes individual(s) or entity(ies) whose name appears on the city business license and who may also manage the establishment. An owner may also be the operator. For the purpose of this section, the terms manager, owner, and operator, may be used interchangeably with the exception that the manager must meet the standards and qualifications of sections 15-549 et. seq.

Recognized school means any school or institution of learning approved by a state certified program of education in the massage profession, which has for its purpose the teaching of the theory, method, profession or work of massage technician, which school requires a resident course of study of not less than 600 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such study or learning. Schools offering correspondence courses and not requiring actual class attendance shall not be deemed recognized schools. The city police department shall confirm that an applicant has actually attended classes and matriculated in a recognized school. This is the local definition of "recognized school." If a situation arises and there is an inconsistency with the local definition and the state definition of a recognized school, the state definition will supersede the local definition.

(Ord. No. 1581, § 5(Exh. A), 9-23-08; Ord. No. 1609, § 5(Exh. A), 10-14-09)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: physician, surgeon, chiropractor, osteopath, or any nurse working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice their respective professions in the state, nor shall this article apply to 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 Business and Professions Code or any other law of this state.

(Ord. No. 1581, § 5(Exh. A), 9-23-08)

Any massage establishment operated, conducted or maintained contrary to the provisions of this article is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this article, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law, and the city attorney shall take such other steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this article.

(Ord. No. 1581, § 5(Exh. A), 9-23-08)

No person shall be employed, used or permitted to practice as a massage technician by the holder of the permit for a massage establishment unless such massage technician has first obtained a valid massage technician permit pursuant to Division 2, Ch. 10.5, of the Business and Professions Code.

(Ord. No. 1581, § 5(Exh. A), 9-23-08; Ord. No. 1609, § 5(Exh. A), 10-14-09)

Activities which include, but are not limited to, the audio or visual recording of massage procedures delivered to patrons or others by massage technicians are hereby prohibited. Such recordings include photographic recordings, both still and motion pictures, and closed circuit television. No massage services will be provided within any cubicle, room, booth or any area within a massage establishment which is fitted with two-way mirrors. The utilization of any audio or visual media depicting sexually explicit language or behavior is prohibited.

(Ord. No. 1581, § 5(Exh. A), 9-23-08)

The director of community development, the chief of police, the building and safety director, and the business license collector of the city, or their authorized representatives, shall have the right to enter the massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter.

(Ord. No. 1581, § 5(Exh. A), 9-23-08)

Every person operating a massage establishment shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the technician administering such treatment. Such records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of this article for the purposes of law enforcement and for other purposes related to this article.

(Ord. No. 1581, § 5(Exh. A), 9-23-08; Ord. No. 1609, § 5(Exh. A), 10-14-09)