Indian Wells Municipal Code Ch. 5.26 Massage Practitioners

Note: Prior ordinance history: Ords. 505 and 517.

The purpose of this Chapter is to insure the protection of the public health and safety and the personal safety of massage practitioners through California Massage Therapy Council.

Nothing in this Chapter is intended to permit any use, conduct, and/or activity that violates any Federal, State or local law or regulation.

(Ord. 705 § 1, 2017)

As used in this Chapter:

"California Massage Therapy Council"

means the massage therapy organization formed pursuant to California Business and Professions Code Section 4600, and following, as amended, and referred to as CAMTC herein.

"Certified copy"

shall mean a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

"Certified massage business"

means any business where the only persons employed or used by that business to provide massage services have a current and valid State certifications.

"Certified massage practitioner"

means any person holding a current and valid State certificate whether as a massage practitioner or massage therapist, as defined herein.

"Massage" or "massage therapy"

shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. "Massage" and "massage therapy" shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities.

"Massage therapy establishment"

shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services, whether or not massage is performed on the premises.

"Operator"

shall mean any of the following: (a) the owner, (b) the permit holder and applicant(s) therefor, (c) the custodian, (d) the manager, or (e) the person in charge, of any massage establishment.

"Person"

shall mean any of the following: (a) an individual, (b) a proprietorship, (c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or (f) any other legal entity.

"State certification" or "state certificate"

means a valid and current certification properly issued by CAMTC pursuant to California Business and Professions Code Section 4600 and following, as amended.

(Ord. 705 § 1, 2017)

Commencing December 31, 2018, it is unlawful for any individual to practice massage for compensation within the City unless that individual is a certified massage practitioner and further, it is unlawful for any business to provide massage services within the City unless all persons employed or contracted by the massage business to perform massage, whether as an employee or independent contractor, are certified massage practitioners.

(Ord. 705 § 1, 2017)

(a) Unless otherwise exempted by the provisions of this Chapter, every person, whether acting as an individual, owner, employee of the owner, operator, or employee of the operator or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage business, or who, in connection with the business, gives or administers, or practices the giving or administering of, massages or any of the services defined in this Chapter, without first obtaining State certification, or who shall violate any provision of this Chapter, shall be guilty of an infraction.

(b) Any owner, licensee, or manager, in charge or in control of a massage business or certified massage business who knowingly employs a person who is not in possession of a valid, unrevoked State license, or who allows such persons to perform, operate, or practice within such a place of business, shall be guilty of an infraction.

(Ord. 705 § 1, 2017)