Grand Terrace Municipal Code § 5.48.010 Definitions

The following words and phrases, as used in this Chapter, shall have the signification and meaning attached to them in this Section unless otherwise clearly apparent from the context:

A. "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body with the hands or other parts of the body, 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, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

B. "Massage clinic" means and includes any massage establishment, or any room, place or institution where massage of the human body is given or administered for consideration of any kind.

C. "Massage technician" means and includes any person who gives, performs or administers to another person a massage as defined in this Section.

D. "Person" means and includes person(s), firms, corporations, associations or any other form of business organization or group.

E. "Recognized school" means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technician or therapist, which school requires a resident course of study of not less than 200 hours to be given before the student is furnished with a diploma or Certificate of Graduation from such school or institution of learning showing the successful completion of such course of study or learning.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.111)

It is unlawful for any person to practice, engage in or carry on the business or activities of a massage technician or massage clinic within the City without having a license under this Chapter to do so and complying with all regulations and requirements as contained and set forth in this Chapter. It is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage clinic to employ or permit a person to act as a massage technician, as defined in this Chapter, who is not in possession of a valid unrevoked massage technician license issued by the City.

(Ord. No. 366, § 7, 5-13-2025; Ord. 102 § 16, 1986: Ord. 1 § 1(part), 1978: county code § 41.112)

This Chapter shall not apply to the following classes of individuals, and no permit shall be required of such persons, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State;

B. Nurses who are registered as such under the laws of the State;

C. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State;

D. Athletic team or personal athletic trainer;

E. Acupuncturists who are duly certified to practice their profession in the State.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.113)

A license to perform massage services as a massage technician does not authorize the operation of a massage clinic. Any person licensed to perform as a massage technician who desires to operate a massage clinic shall separately apply for a license therefor.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.115(c), (d))

A. Any person desiring to obtain a license to operate a massage clinic or engage in massage technician services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for an appropriate investigation.

B. Each application for a Massage Clinic License shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council. Each application for a Massage Technician License shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council.

C. An applicant for a license under this Chapter shall submit the following information:

1. Full name and any alias theretofore used or currently used and current address;

2. Fingerprints as may be required by the Chief of Police;

3. The two previous business and residence addresses of the applicant immediately prior to the current address;

4. Written proof that the applicant is over the age of 18 years;

5. Applicant's height, weight and color of eyes and hair;

6. Two current photographs at least two inches by two inches in size;

7. The business, occupation or employment of the applicant for three years immediately preceding the date of the application and the location where the licensed activities will be conducted;

8. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation;

9. All convictions and the grounds therefor;

10. A certificate from the Environmental Health Officer designating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

11. Applicants for a Massage Technician License must in addition to the requirements set out above in this Section, furnish a diploma or Certificate of Graduation from a recognized school or other institution of learning as defined in this Chapter. The Chief of Police shall determine whether this educational requirement has been met.

(Ord. No. 366, § 7, 5-13-2025; Ord. No. 330, § 25, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 41.115(a), (b), (e))

Upon payment of all fees, submitting all information required by the application and upon proper inspection and investigation, a license shall be issued to applicants therefor by the City Clerk only if all requirements of this Chapter and all other applicable laws are met, and such compliance is reported to the City Clerk by the Chief of Police pursuant to his investigation under this Chapter. A license shall also be denied upon a showing of any of the matters set forth in California Government Code Section 51032.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.117(part))

Any person denied a license pursuant to this Chapter may appeal to the City Council in writing, stating reasons why the permit should be granted. The City Council may grant or deny the permit. The Council may also review any determination of the Clerk granting or denying a permit on its own motion. Any appeal must be made within ten days of denial of a license. The decision of the City Council on any appeal shall be final.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.117(part))

All licenses issued under this Chapter are nontransferable, both as to location and the person holding a license. Every person to whom a license has been granted shall display the license in a conspicuous place where the licensed activities are performed or conducted.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.117 (part))

Every license issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the termination pursuant to Section 5.48.140. Any renewal of a license issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this Chapter for an original license.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.118)

No license to conduct a massage clinic shall be issued unless an inspection by the Chief of Police discloses that the massage clinic premises and operation will at all times comply with each of the following minimum requirement:

A. A readable sign shall be posted at the main entrance identifying the establishment as a massage clinic, provided, also, that all such signs shall otherwise comply with the sign requirements of City ordinances.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code and, additionally, at least one artificial light of not less than 40 watts shall be provided and used at all times in each enclosed room or booth where massage services are being rendered.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.

E. Hot and cold running water shall be provided.

F. Closed cabinets shall be utilized for the storage of clean linen.

G. Adequate dressing and toilet facilities shall be provided for patrons.

H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage clinic shall be kept in good repair, maintained in a clean and sanitary condition.

I. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.

J. The premises to be used shall at all times be in compliance with applicable laws.

(Ord. No. 366, § 7, 5-13-2025Ord. 1 § 1(part), 1978: county code § 41.114)

No massage clinic shall be open between the hours of 11:00 p.m. and 7:00 a.m. Massage clinics shall not serve food or beverages on the premises of the massage clinic.

(Ord. No. 366, § 7, 5-13-2025Ord. 1 § 1 (part), 1978: county code § 41.119)

No massage technician or massage clinic owner or employee may expose his or her genitals, buttocks or, in the case of a female, her breast(s), nor in the course of administering a massage, make intentional contact with the genitals or anus of any other person.

(Ord. No. 366, § 7, 5-13-2025Ord. 1 § 1(part), 1978: county code § 41.1110)

Every person, association, firm or corporation operating a massage clinic under a license as provided in this Chapter 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. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this Chapter.

(Ord. No. 366, § 7, 5-13-2025Ord. 1 § 1(part), 1978: county code § 41.1112)

A. No license issued under this Chapter shall be revoked until notice and a hearing has been held before the City Council to determine just cause for revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be held.

B. The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person over the age of eighteen years. In the event the license holder cannot be found, and the service of such notice cannot be otherwise made in the manner provided in this Chapter, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the City Council in a revocation appeal shall be final.

C. A license issued under this Chapter may be revoked upon one or more of the following grounds:

1. That the holder practiced fraud or deceit in being licensed under this Chapter;

2. That the holder violated a provision or provisions of this Chapter;

3. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall be the conviction of an offense which, if committed within this State, would constitute a felony under the laws thereof;

4. That the facilities and operations of the massage clinic are not kept in compliance with this Chapter as set forth in Section 5.48.110;

5. That the holder has employed, allowed or permitted an unlicensed person to perform massage in the holder's massage clinic;

6. That the holder or the holder's employees have violated State or local laws in conducting activities licensed and regulated by this Chapter.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.1113)

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

(Ord. No. 366, § 7, 5-13-2025Ord. 1 § 1(part), 1978: county code § 41.1114)

The provisions of this Chapter shall be enforced by the Chief of Police.

(Ord. No. 366, § 7, 5-13-2025; Ord. 1 § 1(part), 1978: county code § 41.1115)