Fremont Municipal Code Art. I General

It is the purpose and intent of this chapter to provide for the orderly regulation of establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for prostitution and related activities in violation of state law, all in the interest of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operational standards for such businesses, and by requiring certain minimum qualifications for the operators and therapists of such businesses. It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 and 2011 as Cal. Bus. & Prof. Code § 4600 et seq., and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes. (Ord. 20-2015 § 1, 10-13-15.)

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings given them in this section:

“California Massage Therapy Council (CAMTC)” means the nonprofit organization formed pursuant to Cal. Bus. & Prof. Code Chapter 10.5 commencing with Section 4600.

“Certified massage therapist” means any individual certified by the California Massage Therapy Council as a certified massage practitioner pursuant to Cal. Bus. & Prof. Code § 4604.2 or as a certified massage therapist pursuant to Cal. Bus. & Prof. Code § 4604.

“City permitted massage therapist” means any individual who has practiced massage in the city continuously since at least 2005 (10 years), and has been granted an exemption from the state certification requirement pursuant to Section 5.65.050(b).

“Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

“Finance director” means the finance director or his or her designee charged with the administration of this chapter.

“Inspector” means the person or persons designated by the finance director or the city manager to conduct any inspections required or permitted under this chapter.

“Massage,” “massage therapy,” and/or “bodywork” for purposes of this chapter are used interchangeably and shall mean the skillful application of touch, including, but not limited to, pressure, stroking, kneading, tapping, pounding, stimulating, compression on or movement of the external parts of the human body with the hands or other parts of the body or with the aid of any mechanical or electrical apparatus or other appliances or devices with or without the use of rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. Examples of massage include but are not limited to Swedish massage, marma, shiatsu, sports massage, pregnancy massage, neuromuscular therapy, hydrotherapy, polarity therapy, raiki, reiki, rolfing, heller work and reflexology.

“Massage establishment” shall include the term “massage and/or bodywork office or establishment,” and means any business or establishment that offers massage therapy in exchange for compensation at a fixed place of business. Any business or establishment that offers any combination of massage therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs shall be deemed a massage establishment under this chapter.

“Massage establishment owner,” “owner of a massage establishment” or “owner” shall mean and include any of the following persons:

(1) The sole proprietor of a sole proprietorship operating a massage establishment.

(2) Any general partner of a general or limited partnership that owns a massage establishment.

(3) Any person who has an ownership interest in a corporation that owns a massage establishment.

(4) Any person who is a member of a limited liability company that owns a massage establishment.

(5) All owners of any other type of business association that owns a massage establishment.

“Operator” or “massage establishment operator” means any and all owners of a massage establishment and their agents.

“Outcall massage service” means the engaging in or carrying on of massage therapy for compensation at a location other than a massage establishment that has been permitted pursuant to this chapter.

“Reception and waiting area” means an area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

“Sole proprietorship” for purposes of this chapter shall mean and include any legal form of business organization where the business owner (sometimes referred to as the “sole proprietor”) is the only person employed by that business to provide massage services.

“Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or government officials performing governmental business. (Ord. 20-2015 § 1, 10-13-15.)

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Cal. Bus. & Prof. Code Division 2 (commencing with Section 500) when engaging in such practice within the scope of his or her license.

(b) Trainers of any amateur, semiprofessional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city.

(c) Barbers, estheticians and cosmetologists who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses.

(d) Individuals in the city temporarily for disaster relief.

(e) Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events.

(f) Somatic therapists who use no physical touch of any kind and do not require disrobing at any time in their practice.

(g) Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided, that the operator of the massage establishment has first notified the finance director in writing of the name, residence address, and school of the students and the dates of the trainings. (Ord. 20-2015 § 1, 10-13-15.)

The requirements of this chapter shall be in addition to any business license and/or business tax requirements imposed pursuant to Chapter 5.05 for operation of a massage establishment or massage therapist. (Ord. 20-2015 § 1, 10-13-15.)