Gustine Municipal Code Ch. 5 Massage Establishments

Footnotes:

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Editor's note— Ord. No. 494, § 1(Exh. A), adopted Aug. 20, 2019, repealed ch. 5, §§ 5-5-1—5-5-11, and enacted a new ch. 5, §§ 5-5-1—5-5-11, as set out herein. Formerly, ch. 5 pertained to massage establishments and massage schools and derived from Code 1966, § 3-1.106 and Code 1966, §§ 5-8.01, 5-8.02, 5-8.11—5-8.13, 5-8.15—5-8.17, 5-8.19, 5-8.20.

State Law reference— Licensing and regulation of massage parlors authorized, Government Code § 51030 et seq.

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

California Massage Therapy Council or CMTC shall mean the state-organized nonprofit organization created to regulate the massage industry as set forth in the California Business and Professions Code ch. 10.5 of div. 2 of the state (commencing with § 4600).

Certificate or certification shall mean a valid certificate issued by the California Massage Therapy Council (CMTC) for the practice of massage therapy.

Certified massage therapist shall mean any person to whom the CMTC has issued a certification for the practice of massage and who provides massage for compensation in the city.

Massage means the scientific manipulation of the soft tissues, and includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of, the external parts of another human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.

Massage establishment means any establishment having a fixed place of business where any person engages in or carries on, or permits to be engaged in or carried on, any of the activities set forth in the definition of massage.

Massage therapist means any person who, for any consideration whatsoever, engages in the practice of massage, unless otherwise excepted.

Outcall massage service means to engage in or carry on massage for a fee, not at a massage establishment, but at a location designated by the customer or client.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

The purpose and intent of the council in enacting this chapter is to protect the health, welfare, safety, and interests of the public by imposing minimum standards for the licensing and regulation of massage establishments and massage therapists to ensure that massage services are performed in a professional, regulated, safe and secure manner in the city, and to further mitigate potential for criminal or exploitative activity.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

This chapter does not apply to the following:

(a) Cosmetologists, barbers, or estheticians who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber's, cosmetologist's, and esthetician's license.

(b) State-licensed physicians, surgeons, chiropractors, physical therapists, acupuncturists, podiatrists, osteopaths or any registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a state-licensed physician, surgeon, chiropractor or osteopath.

(c) Persons performing a therapeutic modality or any healing art for which the state does not offer licenses or certification under the provisions of California Business and Professions Code div. 2 (California Business and Professions Code § 500 et seq.), when the modality is performed with minimal touching and the client remains fully clothed at all times, such as Reiki, Reflexology, Rolfing or the Bowen Technique.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

Every massage therapist engaged in the practice of massage in the city, whether performing massage as an employee or independent contractor at a massage establishment or as an outcall massage service, shall be a certified massage therapist in compliance with all rules and requirements of the California Massage Therapy Council (CMTC). No massage establishment operator or owner shall employ, or permit to be employed, any person as a massage therapist unless that person has a valid CMTC certificate.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

No massage establishment shall operate in the city without first obtaining, and maintaining at all times, a valid business license. If a massage therapist performs exclusively outcall massage services, or operates a massage establishment as a sole proprietor or sole provider with no other employees or independent contractors performing massage, the massage therapist shall obtain and maintain at all times a valid business license prior to providing such massage services in the city.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

Outcall massage services shall not be conducted in the following locations:

(a) A hotel/motel room or any other similar location used primarily for transitory habitation or dwelling purposes.

(b) A private residence, unless the residence is otherwise lawfully permitted as a massage establishment pursuant to all applicable local ordinances, including, but not limited to, this chapter.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

(a) Every portion of a massage establishment, including appliances, apparatus, and personnel, shall be kept clean and operated in a sanitary condition in compliance with all applicable building and health and safety codes.

(b) All massage therapists shall be clean and wear clean outer garments, the use of which is restricted to the massage establishment.

(c) Each massage establishment shall be maintained with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner. Each massage table shall be provided with clean sheets and towels prior to each use. Receptacles shall be provided for the storage of soiled linens and paper towels.

(d) No massage establishment, whether located in any building originally constructed for residential or sleeping purposes or not, shall be used for residential or sleeping purposes.

(e) No person shall engage in, conduct or carry on the business of a massage establishment without a valid insurance policy issued by an insurance company authorized to do business in the State of California evidencing that the operator is insured under a liability insurance policy providing minimum coverage of $500,000.00 for injury or death arising out of the operation of the massage establishment and/or the administration of a massage.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

The operator and/or owner of a massage establishment shall maintain a register of all persons employed on the premises and copies of all massage therapists' current valid CMTC certificates. Such register shall be made available for inspection during regular business hours by any city police officer.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

(a) Age of employees. It shall be unlawful for any owner, proprietor, manager, or other person in charge of any massage establishment to employ any person who is not at least 18 years of age.

(b) The operator of a massage establishment shall be responsible for the conduct of all employees while the employees are on the massage establishment premises. An act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator is in compliance with the provisions of this chapter.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

Every massage establishment or school of massage shall post the following signs in a conspicuous place printed in bold letters not less than one inch in height:

(1) A statement of the rates to be charged for all massage services to be performed. No sum shall be charged for such massage services greater than that shown on the rate card; and

(2) A statement that the premises are subject to inspection without notice by authorized officials of the city.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)

No massage establishment or any employee or independent contractor thereof shall sell, serve, furnish, keep, or possess any alcoholic beverage on the premises.

(Ord. No. 494, § 1(Exh. A), 8-20-2019)