Isleton Municipal Code Ch. 4.20 Massage Therapy

The purpose of this chapter is to establish comprehensive regulations for massage therapy centers and massage practitioners in order to protect the public health, safety, and welfare by:

A. Requiring a clean and safe environment for massage treatments; and

B. Providing minimum standards for education, training, and conduct of massage practitioners.

(Ord. No. 377)

Unless the context or subject matter clearly indicates that a different meaning is intended, the words set forth below shall have the following meanings when used in this chapter:

A. City council means the Isleton City Council.

B. Massage practitioner means any person, male or female, who administers a massage treatment for any form of consideration. For the purpose of this chapter, the following shall be considered synonymous with massage practitioner: massage technician, massage specialist, massage therapist, holistic health practitioner, massage instructor, masseuse, and muscle therapy practitioner.

C. Massage therapy center means any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, massage treatments for any form of consideration.

D. Massage treatment means any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or any apparatus with or without such supplementary aids as: rubbing alcohol; liniment; antiseptic; oil; powder; cream; lotion; ointment or other similar preparations. "Massage treatment" shall include, but not be limited to, the following: facial massage; fomentations massage; electric or magnetic treatment; shiatsu; alcohol rubs; Turkish baths; and related actions or services.

E. Person who has engaged in disqualifying conduct means a person who has done any of the following within five years of the date of the subject application:

1. Has been convicted in a court of competent jurisdiction of any of the following:

i. A misdemeanor or felony offense that relates directly to the operation of a massage therapy center;

ii. A misdemeanor or felony offense whose commission occurred on the premises of a massage therapy center;

iii. A violation of the California Penal Code sections 266h, 266i, 315, 318, or section 647(b);

iv. A felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058;

v. Conspiracy or attempt to commit any of the aforesaid offenses;

vi. An offense in a jurisdiction outside the state that is substantially the equivalent of any of the aforesaid offenses;

2. Has been found guilty of, or has plead guilty or nolo contendere to, any lesser-included offense of any of the aforesaid offenses;

3. Has been permanent enjoined from conducting or maintaining of a nuisance pursuant to California Penal Code sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state;

4. Has had a massage-related permit or license revoked by a public agency that regulates massage therapy centers or massage practitioners.

F. "Recognized school of massage" means any school or institution of learning that satisfies both of the following requirements:

1. Provides a course of instruction in at least the following subjects: massage treatment techniques; anatomy; physiology; hygiene; sanitation; and theory and ethics of massage practice; and

2. Requires a residence course of study of not fewer than 200 hours before the student may be furnished with a diploma or certificate of graduation. A school or institution of learning that officers or allows correspondence course credit not requiring actual class attendance is not a "recognized school of massage."

G. Recording device means any device that is used, or capable of being used, for recording, videotaping or monitoring the activities, conversation or sounds of patrons.

H. Specified anatomical areas means the following human anatomical areas: genitals; pubic regions; buttocks; anuses; and female breasts below a point immediately above the top of the areola.

(Ord. No. 377)

A. A conditional use permit is required to establish a massage therapy center after the enactment of this Code, including the relocation of such lawfully existing business or the conversion of a business to a massage therapy center. A person who has engaged in disqualifying conduct is not eligible to apply for a conditional use permit to operate a massage therapy center.

B. Lawfully established massage therapy centers existing at the time of enactment of this Code may continue in operation at their present location without obtaining a conditional use permit but shall comply with all other sections of this Code. Lawfully established massage therapy centers may also be allowed to relocate one time from their current location to a new location without gaining approval of a conditional use permit, provided the new location is within a zone district that allows massage therapy centers and there has been no change in ownership of the relocating massage therapy center.

(Ord. No. 377)

A massage therapy center shall be designed and operated in accordance with the following standards. The city council may waive any standard it determines will create an undue economic hardship on a particular massage therapy center.

A. The following items shall be posted in a conspicuous public location on the premises: (1) the conditional use permit issued for the center (if required); and (2) the massage practitioner permits for each massage practitioner working at the center. A photograph of the massage practitioner permittee (two inches by two inches or larger in size) shall be affixed to each permit.

B. A schedule of services shall be posted in a conspicuous public location on the premises. This schedule shall indicate each massage treatment offered, the price thereof, and the minimum length of time such massage treatment shall be performed. All text on such schedule shall be at least one inch in height, and all letters shall be capitalized.

C. Separate, closed cabinets shall be provided for the storage of clean and soiled linen. Such cabinets shall be plainly marked "clean linen" and "soiled linen."

D. Walls within any room where water or steam baths are given shall have a washable, mold-resistant surface.

E. Wash basins shall be provided with hot and cold running water, soap, and single service towels in wall-mounted dispensers.

F. Pads used on surfaces upon which patrons lie during the administration of massage treatments shall be covered with durable, washable plastic or other waterproof material.

G. At least one artificial light, the equivalent of a 60-watt bulb, shall be provided directly above any surface upon which patrons lie during the administration of massage treatments.

H. Neither tinted nor "one-way" glass may be installed on any interior wall or doorway.

I. Cubicles, rooms, booths or other areas in which massage treatments are administered shall not be equipped with any recording device.

J. Cubicles, rooms, booths or other areas in which massage treatments are administered shall not be fitted with a door capable of being locked.

K. Exterior doors shall not be equipped with an electronic locking device.

L. Exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours.

(Ord. No. 377)

A massage therapy center shall be operated in compliance with the following standards:

A. Every massage practitioner shall have a valid massage practitioner permit.

B. Arrangements for massage treatments to be administered shall be made within the room contained the posted schedule of services.

C. No services shall be performed other than the administration of massage treatments listed on the posted schedule of services.

D. No sums shall be charged other than those listed on the posted schedule of services.

E. Employees and massage practitioners shall not advise, suggest, or otherwise indicate to a patron the availability of any service that is not listed on the posted schedule of services.

F. Massage practitioners shall not perform any service for a patron that such patron did not request in the room contained the posted schedule of services.

G. A clean sheet or other effective sanitary covering shall be placed over any surface upon which a patron lies during the administration of massage treatments. Such sheet or covering shall be deposited in the "soiled linen," cabinet at the conclusion of any treatment.

H. Clean and sanitary towels, sheets, and linens shall be provided in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person without having first been laundered. Heavy white paper may be substituted for sheets provided that it is used for only one person and then discarded into a sanitary receptacle.

I. Walls, ceilings, floors, pools, showers, bathtubs, steam rooms, appliances, apparatuses, and other physical facilities shall be in good repair and shall be maintained in a clean and sanitary condition.

J. Wet and dry heat rooms, steam and vapor rooms, steam and vapor cabinets, shower compartments, and bathrooms shall be thoroughly cleaned and disinfected each day the business is in operation.

K. Bathtubs shall be thoroughly cleaned and disinfected after each use.

L. Instruments used in administering massage treatments shall be disinfected and sterilized after each use.

M. Employees and massage practitioners shall be clean and dressed appropriately in clean, opaque uniforms that do not expose specified anatomical areas, undergarments or the bare midriff. As used in this subsection "dressed appropriately" shall further mean the wearing of clothing that (at minimum) complies with the following requirements:

1. All garments covering the upper torso (e.g. shirts and dresses) shall have both a sleeve not less than two inches in length measuring from the top of the shoulder and necklines no lower than two inches below the clavicle; and

2. Hems of dresses, skirts, smocks, and other similar garments shall not be more than two inches above the top of the knee; and

3. Cuffs and hems of shorts, culottes, pants and other similar garments shall not be more than six inches above the top of the knee.

N. Massage practitioners, employees, and patrons shall not expose specified anatomical areas while providing or receiving massage treatments.

O. At least one responsible person acting as manager shall be on the premises at all times the establishment is open for business. Such manager shall be familiar with the requirements of this chapter and shall be capable of communicating the provisions of this chapter to employees and patrons.

P. Business shall not be conducted between the hours of 11:00 p.m. and 9:00 a.m.

Q. Alcoholic beverages shall not be sold, served, furnished, kept, or possessed on the premises.

R. A legible record book containing the following information shall be maintained at the establishment:

1. The type, date and time of each massage treatment administered;

2. The name and address of the patron receiving such massage treatment; and

3. The name of the massage practitioner who administered such massage treatment.

Such records shall be open for inspection by the city and maintained for a minimum period of two years.

S. Minors (children under the age of 18) who receive massage treatment must be accompanied by an adult or provide written authorization by a parent or legal guardian.

(Ord. No. 377)

It shall be unlawful for any person to act as a massage practitioner without a massage practitioner permit issued by the city. No person who has engaged in disqualifying conduct shall be eligible for a massage practitioner permit.

(Ord. No. 377)

Applications for a massage practitioner permit shall be filed with the city clerk on a form provided by the city clerk. The following shall be submitted to the city clerk at the time of application for a massage practitioner permit:

A. A completed application form signed by the applicant and the owner of the massage therapy center in which the applicant proposes to administer massage treatments;

B. A color photograph taken within 30 days of the application date clearly showing the applicant's face;

C. Documentary evidence that the applicant is at least 18 years of age. No person under 18 years of age shall be eligible for a massage practitioner permit;

D. A diploma or certificate of graduation from a recognized school of massage and verification that the applicant has completed a minimum of 200 hours of education/training;

E. A health certificate stating that the applicant has, within 30 days immediately prior to the filing of the application, been examined and found to be free from tuberculosis;

F. If the applicant has been convicted of a felony or misdemeanor within five years immediately prior to the application date, (in order to determine compliance with section 4.20.060);

G. A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct;

H. A nonrefundable application fee in an amount set by resolution of the city council.

(Ord. No. 377)

A. Within 30 calendar days of filing, the city clerk shall either approve or deny the application for a massage practitioner permit. Notice of approval or denial shall be given to the applicant in writing by first class mail. A notice of denial shall state the reasons for denial and that an appeal to the city council may be filed with the city clerk within ten working days following the date of the notice of denial.

B. The city clerk shall deny a massage practitioner permit application where any of the following conditions exist:

1. The application is incomplete;

2. The application contains a material misstatement;

3. The applicant has engaged in disqualifying conduct;

4. The city clerk determines that the approval of the application would be detrimental to the public health, safety or welfare.

C. Any person may appeal the city clerk's decision to the city council within ten working days following the notice of denial.

(Ord. No. 377)

This chapter shall not apply to the following classes of individuals, and they shall be exempt therefrom, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, or osteopaths who are duly permitted to practice their respective professions in the state under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional permits.

B. Nurses or physical therapists who are duly permitted to practice their professions in the state under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional permits:

C. Other health care personnel engaged in the healing arts that are regulated and permitted by the statute pursuant to division 2 of the California Business and Professions Code, including acupuncturists;

D. Athletic trainers certified by the state performing training services at bona fide professional, amateur or school athletic events or practices;

E. Massage practitioners conducting physical therapy treatment under the supervision of professional listed in subsections A, B and C of this section, pursuant to the California Business and Professions Code and/or California Code of Regulations.

F. Other persons otherwise exempt by state and/or federal law.

(Ord. No. 377)