Gridley Municipal Code Ch. 5.50 Massage and Bodywork Services

It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage and/or bodywork services and home visit and/or outcall massage/bodywork services in the interests of the public health, safety and welfare by providing certain minimum building, sanitation, and operation standards for businesses, and by providing certain minimum qualifications for the owners and operators of the businesses and for massage and/or bodywork practitioners. It is the further intent of this chapter to facilitate the ethical practice of massage and/or bodywork.

(Ord. 728, 2004).

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

A. Employee. “Employee” means any and all individuals who work on the premises of a massage and/or bodywork office or establishment, in any capacity.

B. Home visit or outcall massage/bodywork service. “Home visit” or “outcall massage/bodywork service” means the engaging in or carrying on of massage and/or bodywork for consideration at a location other than a massage and/or bodywork office or establishment which has been permitted pursuant to this chapter.

C. Inspector. “Inspector” means the person or persons designated by the permit authority to conduct inspections under this chapter.

D. Massage or bodywork. “Massage” and/or “bodywork” means the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. Specifically excluded for the purposes of this chapter is any manipulation of the spine as typically performed in chiropractic treatment.

E. Massage and/or bodywork office or establishment. “Massage and/or bodywork office or establishment” means any establishment having a fixed place of business, vehicle or vessel, where any person, as defined in subsection (J) of this section, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as regular functions any of the activities mentioned in subsection (D) of this section. Any establishment engaging in or carrying on, or permitting any combination of massage and/or bodywork shall be deemed a massage and/or bodywork office or establishment.

F. Massage and/or bodywork practitioner. “Massage and/or bodywork practitioner” means any individual who, for any consideration whatsoever, engages in the practice of massage and/or bodywork, whether or not employed on the premises of a massage and/or bodywork office or establishment or acting as an independent contractor or as an owner as defined in subsection (G) of this section.

G. Owner. “Owner” means any person or persons, as defined in subsection (J) of this section, who own(s) and/or operate(s) a massage and/or bodywork office or establishment, or home visit or outcall massage/bodywork service.

H. Owner permit. “Owner permit” means the permit required by this chapter to own and/or operate a massage and/or bodywork office or establishment, or a home visit or outcall massage/bodywork service.

I. Permit authority. “Permit authority” means the police chief or his designee charged with the administration of this chapter.

J. Person. “Person” means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.

K. Practitioner permit. “Practitioner permit” means the permit required by this chapter for a massage and/or bodywork practitioner as defined in subsection (F) of this section.

L. Recognized school of massage and/or bodywork. “Recognized school of massage and/or bodywork” means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage and/or bodywork, which has been approved by the state in which it is located. Any school or institution of learning offering or allowing correspondence or internet course credit not requiring actual attendance at class shall not be deemed a recognized school of massage and/or bodywork.

(Ord. 728, 2004).

A. It is unlawful for any owner or any other person as owner or operator, to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premise in the city, operation of a massage and/or bodywork office or establishment or home visit or outcall massage/bodywork service as defined in this chapter, without a valid owner permit issued by the permit authority as required by this chapter. A separate owner permit shall be required for each office or establishment or service.

B. It is unlawful for any owner to permit any massage and/or bodywork practitioner to work in, for, or at a massage and/or bodywork office or establishment, or home visit or outcall massage and/or bodywork service, unless the practitioner holds a valid practitioner permit issued by the permit authority as required by this chapter.

C. It is unlawful for any massage and/or bodywork practitioner to work in, for, or at any massage and/or bodywork office or establishment or home visit or outcall massage bodywork service within the city which does not hold a current owner permit issued by the permit authority as required by this chapter.

D. It is unlawful for any massage and/or bodywork practitioner to work in, for, or at a massage and/or bodywork office or establishment or home visit or outcall massage/bodywork service, or to perform massage and/or bodywork services for compensation within the city limit, unless the practitioner holds a valid practitioner permit issued by the permit authority as required by this chapter. Provided, however, that where a massage and/or bodywork practitioner is also an owner, the practitioner shall obtain an owner permit rather than a practitioner permit.

E. An owner or practitioner permit issued pursuant to the terms of this chapter shall be valid for a term of one year from the date of issuance. A permit that has not been suspended or revoked may be renewed for another one-year period, on submittal of a written application and payment of a renewal fee to be established by resolution of the city council. An application for renewal shall be filed at least 30 days but not more than 60 days prior to the expiration date of the current valid permit. Except as specifically provided otherwise in this chapter, an application for renewal shall be in the same form, and shall be subject to the same requirements, as an initial permit application.

(Ord. 728, 2004).

A. No practitioner permit shall be issued unless the applicant has completed 200 hours of instruction in massage and/or bodywork from either a recognized school of massage and/or bodywork; or state approved and regionally accredited colleges and universities.

B. For renewal of any practitioner permit, in addition to the requirements in subsection (A) of this section, the applicant shall have complete six or more hours of continuing education in massage and/or bodywork and related topics during the previous 12 months.

(Ord. 728, 2004).

Any application for an owner permit or practitioner permit under this chapter shall be accompanied by a non-refundable fee in an amount established by resolution of the city council. The application fees shall be used to defray the costs of processing the application, including but not limited to investigations and inspections, and are not made in lieu of any other fees or taxes required under this code.

(Ord. 728, 2004).

A. Practitioner permit - requirements. Every application for a practitioner permit under this chapter shall contain the following information:

1. Name, residence address, and telephone number of applicant;

2. California driver’s license, if any, or other photographic identification, issued by a state or federal agency establishing the applicant’s age as 18 years or older;

3. The previous residence addresses of the applicant, if any, for a period of five years immediately prior to the date of application, and the dates of residence at each;

• 4. All other names previously used by applicant and the dates of use of each name;
• 5. The applicant’s weight, height, color of hair and eyes;
• 6. Two prints, two inches by two inches, of a recent portrait photograph;

7. Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any license or permit, the name and address of the issuing authority, the effective dates of the license or permit, whether the license or permit was ever suspended, revoked, withdrawn or denied, and copies of any documentary materials relating to the suspension, revocation, withdrawal or denial;

8. Whether the applicant has within the five years immediately preceding the date of application been convicted in any state of any felony;

9. Whether the applicant is currently required to register under the provisions of Section 290 of the California Penal Code;

10. Whether the applicant, including any person as defined in subsection (J) of Section 5.50.020, or a former employer of the applicant while so employed or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under Sections 11225 through 11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the state of California;

11. Documented proof that the applicant has satisfied the education requirements set forth in Section 5.50.040;

12. One set of the applicant’s fingerprints in a form satisfactory to the police chief. Fingerprinting will be taken at a place designated by the police chief. Any fee required for fingerprinting will be the responsibility of the applicant. Any applicant who was not required to submit fingerprints with the original application shall be required to submit fingerprints with the renewal application;

13. The applicant’s business, occupation, and employment history for five years preceding the date of application, and the inclusive dates of same;

14. The other information as may be required by the police chief to determine compliance with any other eligibility requirements by issuance of the permit as specified by federal, state, or local law.

B. Owner permit - requirements. The application for an owner permit shall provide all the information required under subsection (A) of this section as to any massage and/or bodywork practitioner owner or employee, and shall also state the following:

1. The exact nature of the proposed place of business and facilities therefore, and for massage and/or bodywork offices or establishments, the type of treatments to be administered;

2. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence address of each of its officers, directors, and each stockholder holding more than 10% of the stock of the corporation. The application shall include the information required by subsection (A) of this section for each of said individuals;

3. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. The application shall include information required by subsection (A) of this section for each said individuals. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

4. New applicants applying after January 1, 2004 shall provide the name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of any written lease between the applicant and owner, or alternatively, a written acknowledgement from the owner of the property or a written statement by the applicant certifying that the owner of the property has been advised that a massage establishment will be located on the owner’s property.

C. Any application for renewal of an owner permit or a practitioner permit shall contain all the information set forth in subsections (A) and (B) of this section; however, the information shall only be required as to the period of time between the date of the prior application and the date of the renewal application.

(Ord. 728, 2004).

A. The permit authority may deny an owner permit or a practitioner permit when it is determined that:

1. The applicant, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of a massage and/or bodywork office or establishment or home visit and/or outcall massage and/or bodywork service whether as a massage and/or bodywork office or establishment or home visit and/or outcall massage/bodywork service owner or operator or as a massage and/or bodywork practitioner, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony, the commission of which occurred on the premises of a massage and/or bodywork office or establishment;

2. The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11057, or 11058 of the California Health and Saf. Code;

3. The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any offense involving the use of a controlled substance, other than marijuana, specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;

4. The applicant is currently required to register under the provisions of Section 290 of California Penal Code;

5. The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Section 266, 266h, 266i, 315, 316, 318, or 647(b) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the aforesaid offenses;

6. The applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the state of California;

7. The applicant has knowingly made a false statement or omission of a material fact in the application for the permit;

8. The applicant, if an individual, has not attained the age of 18 years;

9. The applicant, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266h, 266i, 647(b) or 653.22;

10. The applicant has not met the educational requirements set forth in this chapter;

11. The applicant, within five years immediately preceding the date of filing of the application, has had a practitioner permit or owner permit revoked by the permit authority pursuant to Section 5.50.170;

12. The applicant, within five years immediately preceding the date of filing of the application, has had a practitioner permit or owner permit denied by the permit authority pursuant to Subsection A.7 hereinabove set forth;

B. The permit authority shall grant an owner permit or practitioner permit to an applicant who has satisfied the requirements of Sections 5.50.040, 5.50.050, 5.50.060, and 5.50.090, as qualified by Section 5.50.110, the home use exception, unless the applicant is disqualified pursuant to subsection (A) of this section or unless the massage and/or bodywork office or establishment, as proposed by the permit applicant, would not comply with all other applicable laws, including, but not limited to, the city’s building, zoning, and health regulations.

C. If a practitioner permit or owner permit is denied, the permit authority shall serve on the applicant, in the manner provided in Section 5.50.190 of this code, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth hereinafter.

(Ord. 728, 2004).

The permit authority may issue a conditional permit to an owner/practitioner that has operated a massage and/or bodywork office, establishment, home visit or outcall service within the city for the past 12 month period immediately prior to the adoption of this chapter and does not currently possess the minimum education requirements set forth in Section 5.50.040 of this chapter. The permit authority may issues the conditional permit if the owner/practitioner can document the operation of the massage and/or bodywork business with proof of having obtained and/or maintained a valid city business license and/or documented proof of business operation on state and/or federal income tax returns. The conditional permit may be issued for no longer than one year and be renewed one time. During the term of the conditional permit, the permitee shall obtain the requirements set forth in Section 5.50.040 of this chapter.

(Ord. 728, 2004).

A. Within 30 days after an applicant for an owner permit for a massage and/or bodywork office or establishment has filed a completed application, the inspector shall inspect the proposed place of business to determine whether it is sanitary and otherwise conforms to the requirements of Section 5.50.100 as qualified by Section 5.50.110. Upon completion of the inspection, the inspector shall, within five days, inform the permit authority in writing of its findings of the inspection.

B. Where, due to circumstances beyond the applicant’s control, the inspector is unable to perform the required inspection within the time set forth in this section, an applicant who has met all other applicable requirements to obtain an owner permit may receive a conditional permit to operate pending inspection and approval of the premises by the inspector. A conditional permit shall be valid for no more than 60 days, but may be extended at the discretion of the permit authority. An owner permit issued after the approval shall be valid only until the date that is one year from the issuance of the conditional permit.

(Ord. 728, 2004).

Except as provided in Section 5.50.110, all massage and/or bodywork offices or establishments shall comply with the following facilities and operations requirements:

A. A minimum of one toilet and washbasin shall be provided for every massage and/or bodywork office or establishment.

B. Cabinets or other covered space shall be provided for the storage of clean linen. Clean, covered and lined receptacles shall be provided for the storage of all soiled linen and paper towels.

C. All lavatories or washbasins shall be provided with running water, dispensed soap, and single-service towels.

D. Every portion of a massage and/or bodywork office or establishment, including appliances and apparatus, shall be kept in good repair, and all premises, appliances and apparatus, and all personnel thereon and their clothing, shall be maintained in a clean and sanitary condition at all times.

E. All massage and/or bodywork offices or establishments shall be provided with clean and sanitary towels, sheets, and linens in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person; re-use is prohibited unless that same has first been laundered. Heavy white paper may be substituted for sheets, provided that the paper is used for only one person and then discarded into a sanitary receptacle.

F. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and/or bodywork and the instruments shall be disinfected and sterilized after each use.

G. Pads used on massage tables shall be cleaned or covered with a clean covering after each use.

H. No massage and/or bodywork office or establishment owner or employee, or massage and/or bodywork practitioner shall, while on the premises of a massage and/or bodywork office or establishment and in the presence of any patron or customer, expose his or her genitals, buttocks, or chest. No person shall, in the course of administering any massage, somatic procedure, or health treatment, intentionally make physical contact with the genitals or anus of any other person.

I. As qualified by Section 5.50.110, no massage and/or bodywork office or establishment shall be used for residential or sleeping purposes.

J. No alcoholic beverages shall be sold, served, or furnished to any customer, nor, except as qualified by Section 5.50.110, shall any alcoholic beverages be kept, or possessed on the premises of a massage and/or bodywork office or establishment.

K. No massage and/or bodywork office or establishment shall be kept open for business and no owner or massage and/or bodywork practitioner shall provide any home visit or outcall massage and/or bodywork service or administer any massages and/or bodywork or other treatment between the hours of 11:00 p.m. of one day and 5:00 a.m. of the following day.

L. Permittee shall comply with all applicable state and local laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

(Ord. 728, 2004).

An exception to the requirements of Section 5.50.100(I), and that part of Section 5.50.100(J) which prohibits keeping or possessing alcoholic beverages on the premises of a massage and/or bodywork office or establishment, shall be permitted where a massage and/or bodywork office or establishment is in the applicant’s residence, and the applicant has complied with the provisions of Chapter 17.84 of this code pertaining to home occupations. When a home exception is granted under this section, the portions of the home or residence subject to the requirements of Section 5.50.100 shall be only those portions that are used at any time by the patron or customer.

(Ord. 728, 2004).

The inspector shall have the right to enter any massage and/or bodywork office or establishment during regular business hours to make reasonable inspection to ascertain whether the provisions of this chapter are being complied with, and the permittee shall allow such reasonable inspections. A warrant shall be obtained whenever required by law.

(Ord. 728, 2004).

No person permitted to operate a massage and/or bodywork office or establishment or home visit or outcall massage and/or bodywork service shall operate under any or conduct business under any designation not specified in the owner permit and business license.

(Ord. 728, 2004).

Upon a change of location of a massage and/or bodywork office or establishment, an application shall be made to the permit authority, and the application shall be granted, provided all applicable provisions of this code are complied with as to the new location, and a change of location fee in an amount established by resolution of the city council to defray, in part, the costs of investigation and report, has been paid to the city.

(Ord. 728, 2004).

Upon the sale or transfer of any interest in a massage and/or bodywork office or establishment or home visit and/or outcall massage and/or bodywork service, a new owner permit shall be obtained.

(Ord. 728, 2004).

Each holder of an owner permit and/or practitioner permit shall display that permit in an open and conspicuous place on the premises of the massage and/or bodywork office or establishment, or where the massage and/or bodywork services are being provided. A passport-size photograph of the permittee shall be affixed to each owner permit or practitioner permit on display pursuant to this section. The home address of any permittee need not be displayed.

(Ord. 728, 2004).

Any permit issued pursuant to this chapter may be suspended or revoked by the permit authority after a hearing, where it is found by clear and convincing evidence that:

A. The permittee or any employee has violated any provision of this chapter;

B. The permittee or any employee has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following: California Penal Code Sections 266, 266h, 266i, 315, 318, 647(b) or 653.22, or conspiracy or attempt to commit any offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the aforesaid offenses;

C. The permittee is required to register under Section 290 of the California Penal Code;

D. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California;

E. The permittee has engage in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for a massage and/or bodywork office or establishment or while engaging in any aspect of providing home visit and/or outcall massage/bodywork services;

F. The permittee has continued to operate the massage and/or bodywork office or establishment after the permit has been suspended;

G. The permittee has knowingly allowed a person to work as a massage and/or bodywork office or establishment or home visit and/or outcall massage/bodywork service employee or massage and/or bodywork practitioner who has engaged in conduct or has been convicted of conduct described in subsection (B) of this section;

H. There have been repeated acts of prostitution, as defined in California Penal Code Sections 266, 266h, 266i, 315, 316, 318, 647(b) or 653.22, taking place on the premises of any massage and/or bodywork office or establishment, in which case the owner permit may be suspended or revoked.

(Ord. 728, 2004).

A. The permit authority, before revoking or suspending any permit, shall give the permittee at least ten days written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the permit shall be revoked or suspended. The hearing shall be conducted at least ten days from the date of written notice.

B. The permit authority shall consider all evidence at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection (A) of this section, be continued for good cause by the permit authority from time to time. The permit authority shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit shall be revoked or suspended.

C. The permit authority’s written notice of decision shall be served on the permittee, within 30 days of the conclusion of the hearing, in the manner provided in Section 5.50.190 of this code, and in the case of revocation or suspension of the Notice of Decision shall indicate the appeal procedures as set forth hereinafter.

(Ord. 728, 2004).

Any applicant for a permit or a permittee shall have the right to appeal a decision by the permit authority to deny a permit application or renewal application, or to approve an application with conditions, or to suspend or revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for the appeal, within 15 days after the decision has been served on the applicant or permittee. The appeal shall be heard by the city administrator or by an administrative hearing officer designated by or at the request of the city administrator, upon not less than 15 days written notice to the appellant. The city administrator or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than 30 days following the conclusion of the hearing, the city administrator or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the city administrator or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the city clerk. The written decision shall include a notice to appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

(Ord. 728, 2004).

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, physical therapists, nurses, or to any other person licensed to practice any healing art under provisions of the Division 2 (commencing with Section 500) of the Bus. and Prof. Code 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;

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 educational events or 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 practitioners who use no physical touch of any kind at any time in their practice.

(Ord. 728, 2004).

Any violation of this chapter may be enforced by any remedy available to the city under this code, or under state law.

(Ord. 728, 2004).