Irvine Municipal Code Ch. 3 Massage Establishments and Technicians, Etc

Footnotes:

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Editor's note— Ord. No. 12-07, § 1, adopted April 24, 2012, amended chapter 3 in its entirety to read as herein set out. Former chapter 3, §§ 2-10-301—2-10-319, pertained to similar subject matter, and derived from Ord. No. 09-04, § 1, 4-28-09.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

Acupressure means the application of pressure (by means including, but not limited to, the use of the thumbs or fingertips) to the same discrete points on the body stimulated in acupuncture for therapeutic purposes (such as the relief of tension or pain).

Applicant means the person or persons applying for a massage establishment permit under this chapter. "Applicant" includes both the singular and plural.

California Massage Therapy Council (CAMTC) means the Massage Therapy Organization formed pursuant to Business and Professions Code § 4600.5.

Certified massage technician means a massage therapist or massage practitioner, as defined in Business and Professions Code § 4600 and is certified by the California Massage Therapy Council as a certified massage practitioner or a certified massage therapist pursuant to California Business and Professions Code div. 2, ch. 10.5 (Business and Professions Code § 4600 et seq.).

Employee means any and all persons who may render any service to the permittee, whether as an employee or an independent contractor, and who receive compensation in any form from the permittee or his or her agent, and who do not engage in any act of massage with the patrons.

Manager means the person(s) designated in the massage establishment permit of the massage establishment to act as the representative and agent of the permittee in managing day-to-day operations of a massage establishment. Evidence that a person is performing in a management position could, but need not necessarily, include any of the following: the individual has the power to direct or hire and dismiss employees; the individual has the power to control hours of operation; the individual acts as a receptionist who collects money for the business; the individual keeps the books which track customers and/or transactions; or the individual has the power to create policy or rules or purchase supplies. A manager may also be an owner and/or permittee. A manager must meet the standards and qualifications of Sections 2-10-304 and 2-10-305 to qualify as a manager.

Massage means any method of treating the external parts of the body for remedial, health, hygienic or any other reason or purpose by means of applying pressure on or friction against, or stroking, manipulating, kneading, rubbing, tapping, pounding, stimulating or other manner of touching, 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, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. A massage shall include, but is not limited to, herbal body wraps, acupressure and reflexology, as those terms are defined herein.

Massage establishment means any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of providing massages, or any other similar type of system for treatment or manipulation of the human body regardless of what portion of the business is engaged in the provision of massage.

Massage establishment owner means and includes any of the following persons:

1. The sole proprietor of a massage establishment.

2. Any general partner with a five percent or greater interest in a general or limited partnership that owns a massage establishment.

3. Any person who has a five percent or greater 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.

Massage establishment permit means a permit that is issued to the owner of a massage establishment after the required application, documentation and inspections have occurred as set forth in this chapter.

Operator means any and all owners of a massage establishment.

Outcall massage service means any business where the primary function of such business is to engage in or carry on massage, not at a fixed location or a permitted massage establishment, but at a location designated by the patron.

Permitee means the person, firm, corporation or partnership which applies for and holds a massage establishment permit and all persons who have an ownership interest in the massage establishment. Notwithstanding the appointment of the required manager, the permittee shall also be held responsible for the day-to-day operations of the massage establishment. A permittee may also be a manager and/or owner. A proposed permittee who has a five percent or greater ownership interest in the massage establishment shall provide all of the information required for and meet all of the standards and qualifications set forth in Sections 2-10-304 and 2-10-305.

Reflexology is the application of pressure, stretch and movement to the feet and hands of a clothed patron to affect corresponding parts of the body, and is included in the definition of massage.

Seated massage means any massage of the neck, arms, shoulders and back area above the waist where the patron is fully clothed, sitting in a special chair designed for upper body massage and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage.

Sole proprietorship means a business where the owner is the only person employed by that business or permitted to provide massage services at the business' massage establishment.

(Ord. No. 12-07, § 1, 4-24-12)

A. Permit required. It shall be unlawful for any person, entity, association, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City of Irvine, the operation of a massage establishment unless: (a) all persons providing massage at the establishment are certified massage technicians as herein described; and (b) the massage establishment owner has first obtained a massage establishment permit pursuant to this chapter and a business license pursuant to Title 1, Division 18 ("Business") of this Code. The massage establishment permit requirement is separate from, and in addition to, the business license requirement and any other license, permit or certificate requirement under any applicable statute or other provision of this Code.

B. Application for a massage establishment permit. All owners of a massage establishment, or their duly authorized agent, shall file an application for a massage establishment permit on a form provided by the City, along with a nonrefundable fee as set forth by resolution of the City Council which may be amended from time-to-time. For purposes of this section, the "applicant" for the business license shall refer to and include each and every owner of the massage establishment. When the applicant is not a certified massage technician, the applicant shall also complete any additional forms provided by the City. The application and fee required under this section shall be in addition to any license, permit or fee required under any statute for or other chapter of this Code. Neither the application nor the payment of the fee shall authorize conducting a massage establishment until such application has been approved.

(C) Each applicant for a massage establishment permit shall submit the following information for all persons owning and managing the massage establishment:

1. The name, address, and telephone number of the massage establishment.

2. The massage establishment owner(s) name, any other names used; the date of birth; the California driver's license number, California identification number, or resident alien card number, if applicable; the present residence address and telephone number; and the sex, height, weight, color of hair, and color of the applicant's eyes. The massage establishment owner(s) residence address and telephone number, and business address and telephone number.

3. The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, it shall provide a copy of its articles of incorporation as filed with the applicable state and shall state the name of the corporation on the application exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than five percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners, and, if a limited partnership, shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.

4. The name and address of the owner of the real property upon, in, or from which the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written notarized acknowledgment from the property owner that the property owner has been advised of and consents to the operation of a massage establishment by the applicant upon, in, or from the property owner's property.

5. A description of the proposed massage establishment, including the type of treatments to be administered.

6. For each person that the massage establishment does or will employ, retain or permit to perform massage for compensation, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist, and a copy of that person's California Massage Therapy Council issued identification card.

7. For each owner of a sole proprietorship, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist and a copy of that person's California Massage Therapy Council issued identification card.

8. Previous two residential addresses of the applicant and the inclusive dates at each address.

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

10. The prior permit history of the applicant, including, but not limited to, whether the applicant has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revoked or suspended; or if a vocational or professional license or permit was issued, revoked, or suspended, and the reason therefor.

11. All criminal convictions, including pleas of nolo contendere (including the conviction of a lesser crime when any of the following charges are dismissed in furtherance of justice), and convictions dismissed or expunged pursuant to Penal Code § 299, including, but not limited to, violation(s) of Penal Code § 266, 314, 315, 316, 318, 647(b) and/or Health and Safety Code § 11054, 11055, 11056, 11057, or 11058 and sub-equivalent violations in other states or jurisdictions within 10 years preceding the date of application.

12. All convictions of any offense in any other state, which are the equivalent of any of the above-mentioned offenses.

13. All conduct engaged in another jurisdiction which, had it occurred within the City, would have constituted grounds for denial, suspension or revocation of a massage establishment or massage technician permit under this chapter.

14. Any convictions of any misdemeanor or felony, either of which relate directly to the operation of a massage establishment or the provision of massage.

15. A complete definition of all services to be provided at the proposed massage establishment.

16. The name and address of any business at which massage is provided which is owned or operated by any person whose name is required to be given in conjunction with the permitting of the proposed massage establishment pursuant to this section.

17. Acceptable written proof that the applicant is at least 18 years of age.

18. The application shall designate the person who will act as the massage establishment's manager. Such person shall also be required to complete and sign all application forms required of an individual applicant under this chapter; only one application fee shall be charged. If the applicant is a corporation or partnership, the corporation's or partnership's responsible managing officer must, at all times, meet all of the requirements set for permittees by this chapter or the corporation or partnership's permit issued under this chapter shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within 90 days, the corporation or partnership permit is deemed canceled and a new initial application for the business license must be filed.

19. The Director of Public Safety or his or her authorized representative shall require the applicant and the person designated as the proposed manager, or if a corporation or partnership the responsible managing officer, to furnish fingerprints for the purpose of establishing identification. Fingerprinting fees will be the responsibility of the applicant.

20. Two photographs of the applicant, to be taken by the Department of Public Safety.

21. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

22. Authorization from the City of Irvine, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application.

23. A certificate of compliance from both the City of Irvine Building and Safety Division and the Orange County Health Department. Any required inspection fees shall be the responsibility of the applicant. If report of full compliance is not received by the Department of Public Safety within 60 days of the date of filing, the application shall be deemed void and paid fees are nonrefundable. A new application must then be filed and the necessary fees paid.

D. Investigation and issuance of massage establishment permit.

1. The Director of Public Safety, or his or her authorized representative, shall have up to 60 days to investigate the application and the background of the applicant. The 60-day period may be continued for an additional 30 calendar days, if necessary, to complete the investigation.

The Director of Public Safety shall grant the massage establishment permit upon completion of the investigation if he or she finds all of the following:

a. The applicant is at least 18 years of age;

b. The required application fee has been paid;

c. The application is complete and conforms in all respects to the provisions of this chapter;

d. The applicant has not:

i. Made a material misrepresentation in the application;

ii. Within 10 years of the date of application, pled guilty to, been convicted of (including the conviction of a lesser crime when any of the following charges are dismissed in furtherance of justice), or pled nolo contendere to a violation of California Penal Code § 266h, 266i, 314, 315, 316, 318, 647(b), or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code § 290, or pled guilty or nolo contendere to a charge of a violation of California Penal Code § 415, or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes. This provision shall apply regardless of whether a conviction or plea has been expunged or withdrawn pursuant to Penal Code § 299;

iii. Within 10 years of the date of application, pled guilty to, been convicted of (including the conviction of a lesser crime when any of the following charges are dismissed in furtherance of justice), or pled nolo contendere to a violation of Health and Safety Code § 11550, or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code § 11054, 11055, 11056, 11057 or 11058, or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes. This provision shall apply regardless of whether a conviction or plea has been expunged or withdrawn pursuant to Penal Code § 299;

iv. Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses within 10 years preceding the date of application;

v. Been engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation under this chapter;

vi. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code § 11225 et seq., or any similar provisions of law in a jurisdiction outside the State of California;

vii. Had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the City of Irvine, or any other state or local agency prior to the date of approval;

e. The proposed massage establishment complies with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards, including, but not limited to:

i. This chapter of the Irvine Municipal Code;

ii. All relevant provisions of the Irvine Zoning Ordinance;

iii. All relevant provisions of State law, including, but not limited to, the State adopted Building, Electric and Plumbing Codes.

E. If the Director of Public Safety or his or her authorized representative deems that the applicant does not fulfill the requirements as set forth in this chapter, he or she shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in Section 2-10-315.

F. If the massage establishment permit application is denied for failure to comply with this chapter, the applicant may not reapply for a period of six months from the date the application was denied.

G. Except as otherwise specifically provided in this chapter, once a permit is issued, the applicant shall submit to the City any change to any of the information required above within seven working days of discovering that change.

H. It shall be unlawful for any person, entity, association, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City of Irvine, outcall massage unless: (a) all persons providing outcall massage are certified massage technicians as herein described; and (b) each person (if a sole proprietorship) or entity providing outcall massage has first obtained an outcall massage endorsement to their massage establishment permit to provide outcall massage services within the City.

(Ord. No. 12-07, § 1, 4-24-12; Ord. No. 23-19, § 3, 8-8-23)

A. The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

1. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists that are duly licensed to practice their respective professions in the State of California.

2. Nurses registered under the laws of the State of California.

3. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses.

4. Licensed employees of hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California when acting within the scope of their licenses.

B. Upon request of the Department of Public Safety, all persons listed in this section, and any and all persons claiming an exemption from this chapter or any section thereof, shall submit a list of all massage technicians who are permitted to perform massage at the address. This list shall include, but is not limited to, the name of the massage technician, as well as his or her residence address, phone number, date of birth, California Massage Therapy Council certification number, date of hire and date of termination, if applicable. All certified massage technicians performing massage as independent contractors of any of the above shall be required to first obtain a City of Irvine Business License.

(Ord. No. 12-07, § 1, 4-24-12)

A. No person shall operate or maintain any massage establishment unless all of the following requirements are met:

1. Each person providing massage at the massage establishment or under the massage establishment's permit shall have a valid unrevoked certification from the California Massage Therapy Council as a certified massage technician. The manager and licensee shall be responsible to ensure that every person who provides massage or acts as a massage technician at the massage establishment is in possession of a valid unrevoked certification issued pursuant to State law, and that such person wears their massage technician photo identification card on their clothing in an openly visible manner during working hours.

2. Every licensee shall report to the Director of Public Safety, or his or her authorized representative, any change in massage establishment's managers or certified massage technicians on a form approved by the Director of Public Safety or his or her authorized representative. The report shall contain, but is not limited to, the name of the new personnel, their position and the date of hire (or leaving), and for certified massage technicians, the original certification issued by the California Massage Therapy Council. Such report shall be filed within five working days of the date each new certified massage technician first provides massage at the massage establishment.

3. A person designated as the manager shall be on premises of the massage establishment at all times during all business hours of operation and must be the person registered with the Director of Public Safety to receive all complaints and, in addition to the holder of the massage establishment permit, shall be responsible for all violations taking place on the premises.

4. There is posted in an open public place within the premises a list of all services available, a description of those services, and the cost of such services. No service shall be included in the list unless it both fits within the definition of massage, seated massage, or reflexology in Section 2-10-301, and complies with all other requirements of this chapter. The list shall be in English. No permittee or manager shall permit, and no person shall perform or offer to perform, any service(s) other than those posted.

5. The massage establishment permit and a copy of each and every massage technician certification shall be displayed in an open and conspicuous public place on the massage establishment's premises.

6. The massage establishment is at all times equipped with a sufficient supply of clean sanitary towels, coverings and linens such that towels and linens are not to be used on more than one patron unless they have first been laundered and disinfected. Clean towels, coverings and linens shall be stored in enclosed cabinets. Disposable towels and coverings shall be permitted, but shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate approved receptacles.

7. One wash basin shall be provided for patrons in each massage establishment, which shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the handwash sink for employees and patrons. No bar soap can be used. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Orange County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the Health Department after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

8. Instruments used in performing massage shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods. Adequate equipment for sterilizing instruments used in performing the acts of massage shall be provided.

9. All employees, including certified massage technicians, shall at all times during which they are on the premises of the massage establishment wear fully opaque clothing providing complete covering from at least the mid-thigh to at least three inches below the collarbone. Any uniform approved by the massage establishment shall meet the above requirements. Certified massage technicians are prohibited from exposing their genitals, pubic area, buttocks, or chest.

10. Certified massage technicians shall display their certified massage technician's photo identification card in a clearly visible manner on their person during business hours.

11. Except as provided below, no alcoholic beverages or controlled substances shall be sold, served, furnished, kept, consumed or possessed on the premises of any massage establishment unless the controlled substance is in the possession of a person who holds a prescription for that controlled substance. The above notwithstanding, if the provision of massage is only an ancillary part of the business and less than five percent of the business gross annual revenue is derived from the provision of massage, alcoholic beverages may be served in the business providing no such beverages are served or consumed within 100 feet of the area in which massage is provided.

12. No massage establishment shall operate as a school of massage or use the same facilities as that of a school of massage.

13. No massage shall be permitted in any areas other than a designated treatment area or room. All areas of the massage establishment shall be subject to reasonable inspections during all hours of operation to ensure compliance with his chapter, State law regulating the practice of massage, or other applicable laws as provided for in Section 4-6-203 of the Irvine Municipal Code.

14. No massage establishment shall be equipped with any of the following improvements:

a. Tinted or "one-way" glass in any room or office;

b. Door-viewer or peephole designed to look through a door or wall; and

c. Locking mechanisms on any interior door that would impede inspection to massage treatment rooms, including, but not limited to, a locking mechanism on any treatment room door, unless there is no person on staff who is available to assure the security for clients and massage staff that are behind closed doors. For the purpose of this chapter, a staff member is available to assure the security of clients and massage staff when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms.

15. No massage establishment granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on their list of services required under Sections 2-10-302 and 2-10-304.

16. All exterior doors shall remain unlocked from the interior side during business hours.

17. A massage shall not be given unless the patron's genitals are fully covered and, in addition, a female patron's breasts are fully covered.

18. With the exception of a sole proprietorship, at all times the massage establishment is open for business, it shall have on duty and on the premises at least one certified massage technician and one manager.

19. No "sexually oriented material" or "sexually oriented merchandise," as those terms are defined in Section 1-2-1 of the Irvine Zoning Ordinance.

20. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, as adopted and amended by the City and, in addition, at least one artificial light, unobstructed, of not less than 15 watts shall be provided in each massage treatment room.

21. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material acceptable to the Orange County Health Department.

22. Cooking shall be prohibited except in designated areas which are marked for employees only.

23. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron.

24. No massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or customers to the presence of law enforcement or other enforcement personnel.

25. No patron's genitals or the breasts of any female patron shall intentionally be touched while the patron is on the premises of the massage establishment.

26. An owner and/or operator and/or business licensee of a massage establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the massage establishment.

27. If a certified massage technician violates any of the massage technician operating requirements contained in Section 2-10-309, or any requirement of State law, the City may revoke the massage establishment's business license.

(Ord. No. 12-07, § 1, 4-24-12; Ord. No. 24-07, § 3(Exh. A.11.), 5-28-24)

No permit for a massage establishment may be sold, transferred or assigned by the licensee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without affecting a surrender or termination of such permit, and in each case the permit shall thereafter be deemed to be the surviving partner(s). If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void.

(Ord. No. 12-07, § 1, 4-24-12)

A. No massage establishment shall change its location unless such change is first approved by the Director of Public Safety and the Director of Community Development or their authorized representatives. Any such change shall require that the permittee demonstrate that the location satisfies all requirements of this chapter.

B. No permittee shall operate under any name not specified in his or her massage establishment permit.

C. No massage establishment shall be enlarged or expanded unless such change is first approved by the Director of Public Safety and the Director of Community Development or their authorized representatives. Any such change shall require the licensee to demonstrate that the new location satisfies all requirements of this chapter.

D. A separate massage establishment permit shall be required for each location of a massage establishment.

(Ord. No. 12-07, § 1, 4-24-12)

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, massage for any form of consideration in or upon any premises within the City of Irvine, without first having obtained a massage technician certification issued by the California Massage Therapy Council pursuant to State law. The certification required shall be in addition to any business license required by City ordinance and, if the person is a massage establishment owner, the massage establishment permit required under this chapter. All massage technicians shall display their massage technician photo identification card in a clearly visible location on their person during business hours and shall have a second form of identification on the premises while working.

(Ord. No. 12-07, § 1, 4-24-12)

No certified massage technician shall provide massage within the City without first providing to the City's Director of Public Safety a copy of his or her massage technician certificate and a list of the names and addresses of massage establishments at which he or she will provide massage for compensation. The applicant shall submit any change in employment or residence address within five working days.

(Ord. No. 12-07, § 1, 4-24-12)

A. No certified massage technician shall massage or intentionally touch the genital area of any patron or the breasts of any female patron.

B. No certified massage technician shall violate the provisions of California Penal Code § 647.

C. Certified massage technicians shall remain fully clothed in opaque clothing providing complete covering from at least the mid-thigh to at least three inches below the collarbone. Certified massage technicians are prohibited from exposing their genitals, pubic area, buttocks, or chest.

D. No certified massage technician shall permit any person to use their massage technician certificate or massage technician photo identification card.

E. No certified massage technician shall perform massage in any location other than:

1. A massage establishment duly licensed by the City;

2. A location approved by the City for seated massage or reflexology, but only if the massage service being provided is seated massage or reflexology; or

3. On an outcall basis if the certified massage technician has registered for outcall massage under this chapter.

F. All certified massage technicians shall comply with the requirements of Business and Professions Code § 4600 et seq., and all other applicable laws.

(Ord. No. 12-07, § 1, 4-24-12)

A. Seated massage or reflexology may be performed at any commercially or industrially zoned property in the City of Irvine under the following requirements:

1. The seated massage or reflexology is being performed at an existing business;

2. The seated massage or reflexology is only being performed for a business's employees or customers;

3. The seated massage or reflexology is only being performed by a certified massage technician;

4. The business offering the seated massage or reflexology must have a signed contract or other writing evidencing that the provision of seated massage has been requested by someone at the business location having authority to do so which shall be provided to the Director of Public Safety or his or her authorized representative for inspection upon demand. The contract shall specify the location, days and times the service is to be offered.

5. Seated massage or reflexology shall be only be offered in a public area to which all patrons and employees are provided free access.

(Ord. No. 12-07, § 1, 4-24-12)

A. No person shall provide outcall massage unless all of the following requirements are met:

1. The person possesses a valid unrevoked massage technician certification issued by the California Massage Therapy Council issued pursuant to State law, and wears their massage technician photo identification card on their clothing in an openly visible manner during all working hours.

2. There is in the possession of the outcall massage therapist a description of those services the outcall massage therapist provides and the cost of such services. No service shall be included in the list unless it both fits within the definition of massage, seated massage, or reflexology in Section 2-10-301, and complies with all other requirements of this chapter. The list shall be in English. No person shall perform, or offer to perform, any service(s) other than those listed.

3. The outcall massage technician is at all times equipped with a sufficient supply of clean sanitary towels, coverings and linens such that towels and linens are not to be used on more than one patron unless they have first been laundered and disinfected. Clean towels, coverings and linens shall be stored in enclosed cabinets. Disposable towels and coverings shall be permitted, but shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate approved receptacles.

4. Instruments used in performing massage shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods. Adequate equipment for sterilizing instruments used in performing the acts of massage shall be provided.

5. All employees, including certified massage technicians, shall, at all times during which they are on the premises of the person being provided the outcall massage, wear fully opaque clothing providing complete covering from at least the mid-thigh to at least three inches below the collarbone. Certified massage technicians are prohibited from exposing their genitals, pubic area, buttocks, or chest.

6. No person providing outcall massage granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on their list of services required under Section 2-10-302.

7. A massage shall not be given unless the patron's genitals are fully covered and, in addition, a female patron's breasts are fully covered.

8. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material acceptable to the Orange County Health Department.

9. No electrical, mechanical or artificial device shall be used by the certified massage technician for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron.

10. If a certified massage technician violates any of the massage technician operating requirements contained in Section 2-10-309, or any requirement of State law, the City may revoke the massage establishment permit.

11. All certified massage technicians authorized to perform outcall massage services hereunder shall keep a separate written record at the certified massage technician's principal place of business of all outcall massage services performed. The record shall include, but is not limited to, the dates and hours of each treatment or service, the full name and complete address of the patron, the name of the certified massage technician administering such service and a description of the treatment or service rendered. These records shall be prepared prior to administering any outcall massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel for emergency purposes and for no other purpose. The Department of Public Safety may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this chapter, or any other applicable State or federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor.

(Ord. No. 12-07, § 1, 4-24-12)

All massage establishment permits shall expire 12 months after the first day of the month in which the permit is issued.

To renew a massage establishment permit, the permittee shall submit a completed renewal form provided by the City to the Director of Public Safety or his/her designee to the City at least 60 calendar days before the expiration of the then current permit. Any permittee allowing his or her permit to lapse (or expire during a suspension) shall be required to submit a new application and pay the corresponding original application fees. A renewal applicant shall be required to update the information contained in his/her original application, including providing new fingerprints, and provide any new and/or additional information as may be reasonably required by the Director of Public Safety in order to determine whether the massage establishment permit should be renewed. The Director of Public Safety shall have 60 calendar days to investigate the renewal application and shall render a decision within said 60 calendar days, but no later than the date of the expiration of the then-existing permit. A renewal fee of one-half of the original fee shall be submitted to the City by the permittee at the time the renewal application is submitted to cover the cost of the investigation required by this chapter.

(Ord. No. 12-07, § 1, 4-24-12)

A. A massage establishment permit shall be subject to suspension or revocation pursuant to Section 4-6-233 of the Irvine Municipal Code when, in addition to any grounds for revocation contained therein, the permittee, or an employee, agent, partner, director, stockholder with a five percent or greater interest, or manager of the permittee (collectively referred to herein as "permittee") knows or should have known of any of the following acts or omissions:

1. The building, structure, equipment, or location used by the massage establishment fails to comply with the applicable building, fire, electrical, plumbing, health, or zoning requirements in the Irvine Municipal Code or the requirements of this chapter relating to massage establishments.

2. The permittee has failed to obtain or maintain all required City, County, and State licenses, permits and certifications.

3. The permittee has made false, misleading, or fraudulent statements of material fact in the application or renewal application for a massage establishment permit.

4. The permittee is using the permit to conduct an activity different than that for which the permit was issued.

5. The permittee has failed to submit and/or update information on certified massage technicians as required by Section 2-10-304.

6. The licensee has pled guilty or nolo contendere or been convicted of any of the offenses listed in Section 2-10-302 of this chapter.

7. That the use for which the permit was granted has ceased to exist or has been suspended for more than six months.

8. The permittee has violated any provision of this chapter or fails to be in compliance with any provision of this chapter.

9. Massage has been provided at the massage establishment by any person who is not a certified massage technician.

B. A massage establishment permittee shall be deemed to have knowingly allowed a violation when the permittee or manager knew or should have known that such violations were occurring and failed to take the necessary steps, including, but not limited to, timely terminating offending employees to end such violations.

C. The procedures for such revocation or suspension shall be those provided for in Section 4-6-233 of the Irvine Municipal Code. In addition, the following shall apply:

1. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing upon the issues;

2. The parties may be represented by counsel;

3. The hearing shall be conducted by a third party which could include, but is not limited to, a retired judge, JAMS, ADR, and/or the California State Office of Administrative Hearings;

4. Any hearing conducted under this section may be continued for a reasonable time not to exceed 30 days for the convenience of a party or witness at the request of the permit holder. Extensions in excess of that provided above may be permitted upon the approval of the City;

5. The hearing officer shall not be bound by the formal rules of evidence. The above notwithstanding, any evidence must be relevant to the issue to be resolved;

6. The hearing officer shall render a decision within five working days of the conclusion of the hearing. The determination of the hearing officer shall be final; and

7. If the hearing officer determines that such grounds for suspension or revocation exist, he or she shall impose one of the following:

a. Suspension of the permit for a period not to exceed six months; or

b. Revocation of the permit.

The hearing officer shall render a written decision that shall be hand delivered or mailed to the permittee within five working days of his or her decision.

(Ord. No. 12-07, § 1, 4-24-12)

The City shall have the burden to establish by a preponderance of the evidence that the permittee has committed an act or omission for which a license may be suspended or revoked.

(Ord. No. 12-07, § 1, 4-24-12)

A. With the exception of any violation of any State law for which the person would be required to register as a sex offender if convicted, violation of any provision of this chapter is a misdemeanor and is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. This penalty is in addition to any other remedy available to the City. Revocation of a license or permit or certificate shall not be a defense against prosecution.

B. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by law.

(Ord. No. 12-07, § 1, 4-24-12)