Jurupa Valley Municipal Code Ch. 5.45 Massage Establishments

Footnotes:

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Editor's note— Ord. No. 2025-12, § 4, adopted June 26, 2025, amended Ch. 5.45 in its entirety to read as herein set out. Former Ch. 5.45, §§ 5.45.010—5.45.130, pertained to similar subject matter, and derived from the original the original Code adopted July 1, 2011.

State Law reference— Massage Therapy Act, Business and Professions Code § 4600 et seq.

A. It is the purpose and intent of this chapter to protect the health, safety, and welfare of the citizens of the city, while recognizing massage as a legitimate business interest that provides benefits to its patrons in a therapeutic setting.

B. The California Legislature has implemented uniform statewide regulations pertaining to individuals who are certified by the California Massage Therapy Council, now codified in Chapter 10.5 of Division 2 of the California Business and Professions Code at Section 4600 et seq. (the "Massage Therapy Act"), which created a statewide system for issuing certificates to massage therapists and massage practitioners.

C. The city is authorized to regulate massage establishments pursuant to the California Constitution and provisions of Government Code Sections 37100 and 51030 et seq., and Business and Professions Code Sections 460, 16000, and 4600 through 4621. This chapter provides certain minimum standards for the operation of massage establishments, and regulations pertaining to massage therapists, massage practitioners and managers of massage establishments.

D. There is a continued need for local regulations because there is significant risk of injury to massage patrons by improperly trained or educated massage service providers, and the city has a legitimate interest in providing reasonable safeguards against injury and economic loss to such massage patrons. In addition, the city wishes to promote the ethical practice of massage therapy as an important healing art, and to prevent and discourage the misuse of massage therapy as an opportunity for acts of prostitution and other unlawful sexual activity. Courts have long recognized massage as a closely and pervasively regulated activity and that some massage establishments are brothels in disguise.

E. The City Council recognizes that massage establishments may have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located, when illegal activities such as pandering or prostitution can occur. The City Council understands that illegal activities occurring in massage establishments often incorporate the exploitation of humans and new immigrants to this country. Over the last few years, there have been numerous news articles linking some massage establishments throughout the country with human trafficking operations.

F. Local regulation is also necessary to prevent adverse secondary effects in the community such as blight, disease, litter, the deterioration of neighborhoods and commercial districts, and other secondary effects. Reasonable standards for issuance of permits and restrictions on massage operations will serve to reduce the risk of illegal activity and would thereby benefit the public health.

(Ord. No. 2025-12, § 4, 6-26-2025)

Unless the particular provision of 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:

Applicant means an owner or operator filing an application for a massage establishment permit.

CAMTC means the California Massage Therapy Council created by Business and Professions Code Section 4600 et seq., or any other subsequently created state organization or entity that regulates massage practitioners and massage therapists.

CAMTC certificate means a current and valid certificate issued by the CAMTC to a massage practitioner or massage therapist.

Chief of police shall have the meaning ascribed in Section 1.05.170.

City Manager shall have the meaning ascribed in Section 1.05.170.

Community Development Director means the Community Development Director of the city.

Compensation means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

Convicted or conviction means and includes a conviction following a plea or verdict of guilty, or plea of nolo contendere (no contest).

Days shall have the meaning ascribed in Section 1.05.170.

Employ means and includes the act of employing employees and/or contracting with independent contractors.

Employee means and includes every owner, partner, manager, supervisor, and any other person, whether paid or not, who renders massage services, or engages in activities that further massage services, of any nature in connection with the operation of a massage establishment, or upon the property of a massage establishment. The term "employee" shall also include massage professionals who provide massage services, whether as independent contractors or otherwise, in or for a massage establishment. The term "employee" also includes receptionists, janitorial staff, and any other person who works at the massage establishment.

Independent contractors means an individual who performs any services for the massage establishment.

Manager or on duty manager means and includes the person(s) designated by the owner or operator of the massage establishment, to act as the representative and agent of the owner or operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, without limitation, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policies or rules, or purchase supplies. A "manager" may also be an owner or operator.

Massage means the scientific manipulation of the soft tissues of the human body. The term "massage" includes bodywork such as reiki, trigger point, shiatsu, cupping, and lymphatic drainage. "Massage" also includes "couples massage," which means the concurrent massage of two persons.

Massage establishment means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis.

Massage practitioner means a person who is currently certified as a massage practitioner by the CAMTC in accordance with Business and Professions Code Section 4604.2, as may be amended, and who administers massage for compensation.

Massage professional means a massage practitioner or massage therapist.

Massage therapist means a person who is currently certified by the CAMTC pursuant to Business and Professions Code Section 4604, as may be amended, and who administers massage for compensation.

Operator means and includes any owner or other person who operates a massage establishment.

Outcall massage means any massage performed or administered for compensation by a state certified massage professional at a location in the city other than at a massage establishment.

Owner means and includes any person: (1) whose name appears on the city business registration for a massage establishment; or (2) who has any ownership interest in a massage establishment including, without limitation, any of the following persons: the sole proprietor of a sole proprietorship, any general or limited partner of a general or limited partnership, any person who has a five (5) percent or greater ownership interest in a corporation that owns a massage establishment, any member or manager of a limited liability company, or any person who has an ownership interest in any other type of business association that owns a massage establishment.

Permit means a massage establishment permit issued pursuant to this chapter.

Permit holder means any owner of a massage establishment that has obtained a permit to operate within the city pursuant to Section 5.45.060.

Person shall have the meaning ascribed in Section 1.05.170.

Police Department shall have the meaning ascribed in Section 1.05.170.

Property means the real property where a massage establishment is located. If a massage establishment is located within a commercial complex, "property" does not mean the entire commercial complex but rather the specific suite where the massage establishment is located.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. It shall be unlawful for any person to provide massage for compensation within the city unless that person is a massage professional in good standing with and is certified by the CAMTC.

B. It shall be unlawful for a massage establishment to employ or retain any person to provide massage for compensation, including any outcall massage, unless that person is a massage professional in good standing with and is certified by the CAMTC.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. It is unlawful for any person to engage in, operate, conduct, or carry on, in, or upon any property, a massage establishment without first obtaining a massage establishment permit pursuant to this chapter, securing the necessary business registration as required by Section 5.05.03 of this Code, and complying with Title 5 of this Code. A separate permit shall be obtained for each separate massage establishment operated by such person.

B. A permit to operate a massage establishment shall be valid for a period of one (1) year and shall expire in conjunction with the business registration.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. All persons desiring a permit for a massage establishment shall file a written application on the required form available at the city's Community Development Department. The application, to be signed under penalty of perjury, shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one (1) general partner, if the operator is a partnership; one (1) officer or one (1) director, if the operator is a corporation; and one (1) participant, if the operator is a joint venture. The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly administered. Additionally, the operation of a massage establishment shall not commence until the operator has been properly granted a business registration. The application shall contain or be accompanied by the following information:

(1) The type of ownership of the business; for example, whether an individual, partnership, or corporation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five (5) percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the business is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one (1) or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply;

(2) The precise name under which the massage establishment is to be conducted;

(3) The complete address, all telephone numbers, and email address of the massage establishment;

(4) Whether massage professionals employed by the massage establishment will perform outcall massage services;

(5) A complete current list of the names and residence addresses and copies of driver's licenses or other picture identification cards issued by a governmental authority, of all proposed massage professionals, managers, operators, and employees of the massage establishment;

(6) For each person who will be providing massage at the massage establishment, a copy of their CAMTC certificate and a copy of their current CAMTC issued identification card;

(7) A description of any other business operated on the same property or within the city or the State of California that is owned or operated by the applicant;

(8) The following personal information concerning the applicant:

(a) Full complete name and all aliases used by the applicant;

(b) Current and previous residential address(es) for eight (8) years immediately preceding the present address of the applicant;

(c) Acceptable proof that the applicant is at least eighteen (18) years of age;

(d) Proof of legal residency and/or the ability to legally work in the United States;

(e) The applicant's complete business, occupation, and employment history for eight (8) years preceding the date of application, including, without limitation, the massage or similar business history and experience of the applicant;

(f) The complete massage permit history of the applicant, whether such person has ever had any permit, license, or certification to conduct a massage business issued or denied by any governmental authority; the date of issuance of such a permit or license, whether the permit or license was denied, revoked, or suspended; and the reason therefor;

(g) Whether the applicant has ever had a massage therapist or massage practitioner permit, license, or certification denied, revoked, or suspended;

(h) All criminal convictions occurring in any state or country within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding infraction traffic violations, and the date and place of each such conviction and reason therefor;

(i) Information regarding any pending criminal charges against the applicant; and

(j) A complete set of fingerprints taken by the Police Department. The applicant does not need to provide the information contained in subsections (A)(8)(c) through (A)(8)(i) of this section if the applicant is a massage professional and provides a copy of their current CAMTC certificate and a copy of their current CAMTC issued identification card;

(9) The name and address of the owner and lessor of the property upon or in which the massage establishment 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 the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on the property, and that the massage establishment must operate in compliance with the requirements of this chapter;

(10) Such other identification and information as the Community Development Director may require in order to discover the truth of the matters required to be set forth in the application;

(11) A statement in writing and dated by the applicant that the applicant certifies under penalty of perjury that all information contained in the application is true and correct;

(12) Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they:

(a) Have reviewed this chapter of this Code;

(b) Understand its contents;

(c) Understand the duties of a manager;

(d) Will only employ or retain CAMTC certified massage professionals and failure to comply may result in the revocation of the massage establishment permit;

(e) Authorize the Community Development Director, in consultation with the Chief of Police, to investigate the truth of the information contained in the application, except that if the applicant is a CAMTC certified professional, the Community Development Director shall not perform a background check; and

(f) Will be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives while such persons are on the property of the massage establishment or providing outcall massage services, and that failure to comply with the provisions of this chapter and any federal, state, or local law, may result in the revocation of the massage establishment permit;

(13) If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Community Development Department of such change, within ten (10) business days thereafter, in writing, except that the provisions of Section 5.45.060(B)(10) will govern the notification regarding the hiring or termination of an employee; and

(14) A floor plan of the proposed massage establishment showing all interior areas and rooms where massage will be provided, all doors, restrooms, plumbing, and any other physical features required by the Community Development Director.

B. The applicant, if a corporation or partnership, shall designate one (1) or more of its officers or partners to act as manager during business hours. If the applicant is an individual, then that individual, or designee thereof shall act as manager. Each person who shall serve as manager shall complete and sign all application forms required of an individual applicant for a massage establishment permit.

C. Notwithstanding the fact that an application filed under this section may be a "public record" under Government Code Section 7920.005 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Those portions of the application which are not subject to disclosure are: the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's permit and/or social security number, and/or personal financial data. The City Council in adopting the application or permitting system set forth herein has determined in accordance with Government Code Section 7922.000 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentially, or security interests are protected. The City Clerk shall cause to be redacted from any copy of a completed permit application made available to any member of the public, the information set forth above.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. Upon receipt of a written application for a permit, the Community Development Director, in consultation with the Chief of Police, shall conduct an investigation to ascertain whether the applicant satisfies the requirements of this chapter. The Community Development Director shall, within sixty (60) days of deeming an application complete, approve, conditionally approve, or deny the application. The sixty-day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation. If the massage establishment separately requires a site development permit for a new construction, the time to approve, conditionally approve, or deny the massage establishment permit application shall be extended until such time as the site development permit is approved or denied pursuant to Section 9.240.030.

B. If the applicant shows documentation of having a valid CAMTC certificate as a massage professional, the Community Development Director shall not conduct a background check on the applicant pursuant to Government Code Section 51034.

C. If the applicant does not show documentation of having a valid CAMTC certificate as a massage professional, the Community Development Director may deny the application if the applicant does not meet the requirements set forth in subsection (D), or if the Community Development Director makes any of the following findings:

(1) The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, including a massage professional has, within ten (10) years preceding the date of the application:

(a) Been convicted of: any crime involving conduct which requires registration under any state, federal, or territorial law similar to and including Penal Code Section 290, or involving conduct which is a violation of the provisions of any state, federal, or territorial law similar to and including Penal Code Sections 266i, 314, 315, 316, 318, 647(b). In determining whether any person pled to a lesser included or related offense or any other offense in lieu of any of the foregoing Code sections or crimes, pursuant to any provision of this section, the Chief of Police, and any person considering this matter on appeal, may consider the underlying facts resulting in the arrest regardless of the charge for which the applicant was convicted;

(b) Been convicted of a violation of any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

(c) Engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial or revocation under this chapter;

(d) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California;

(e) Engaged in conduct in any state or country that would constitute an offense as described in subsections (C)(1)(a) or (C)(1)(b) of this section;

(f) Been convicted of an act involving theft, dishonesty, fraud, deceit, or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions, or duties of the operator of a massage establishment, or which act or acts occurred in connection with the operation of a massage establishment;

(g) The applicant is registered under Penal Code Section 290, or any similar law in any state or other jurisdiction;

(h) The applicant has had a massage establishment permit, or other similar license or permit denied, suspended, or revoked for cause by any governmental authority; or

(i) The applicant has had any massage therapist or massage practitioner permit, license, or certification denied, revoked, or suspended by the CAMTC.

[(2)

Reserved.]

D. For all applicants, the Community Development Director may deny the application if they make any of the following findings:

(1) The applicant or any of the applicant's proposed employees, after a full hearing by administrative proceeding or state court, has aided and abetted any of the offenses listed in this section;

(2) The applicant has made a false, misleading, or fraudulent statement or omission of fact to the city in the permit application;

(3) The application does not contain all of the information required by this section;

(4) The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, without limitation, health, zoning, fire and safety requirements, regulations, and standards;

(5) The applicant has not satisfied the requirements of this chapter in the time specified; or

(6) The location of the proposed massage establishment has within a twelve (12) month period prior to the submittal of the application:

(a) Been the site of a violation of this chapter, or any similar criminal or civil ordinance, law, rule, or regulation of the State of California or any other public agency related to the operation of massage establishments and where an action for nuisance abatement has been sustained pursuant to Sections 1.16.020 and 1.16.060 of this Code.

(b) Been the site of a massage establishment that was closed due to criminal activity and where an action for nuisance abatement has been sustained pursuant to Sections 1.16.020 and 1.16.060 of this Code. For purposes of this subsection, closure due to criminal activity includes voluntary closure of a massage establishment after there have been arrests at the location or other notices relating to criminal activity,

(c) Been the site of a massage establishment where violations have not been addressed in the time specified in the notice of violation or administrative citation and where an action for nuisance abatement has been sustained pursuant to Sections 1.16.020 and 1.16.060 of this Code.

E. If the application is denied for failure to comply with this chapter, the applicant, owner, and operator of the massage establishment may not reapply for a period of five (5) years from the date the application was denied.

F. An appeal of the denial of a massage establishment permit shall be governed by procedures set forth in Sections 5.45.120(C) and 5.45.120(D).

(Ord. No. 2025-12, § 4, 6-26-2025)

A. Facilities.

(1) Structure.

(a) Massage establishments shall be located in a zoning district which permits such use. When a new massage establishment is proposed to be constructed or a massage establishment modifies an existing building, a set of plans shall be submitted to the city for approval and shall be accompanied by the appropriate application and plan check fee.

(b) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, or any other material that obstructs, blurs, or darkens the view into the property.

(2) Signs and display of permits. Neither signs nor the front of the business shall be illuminated by strobe, flashing lights, or string lights. Each operator and/or on duty manager shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on duty manager shall ensure:

(a) CAMTC certificates for each massage professional employed at the establishment (whether on-duty or not) are conspicuously displayed in the lobby area of the massage establishment; and

(b) that each massage professional has their identification card on their possession while providing massage services for compensation.

(3) Services list. Each operator shall post and maintain a list of services available and the cost of such services, in a conspicuous public place within the property. No owner, manager, or operator shall permit, and no massage professional shall offer or perform, any service other than those posted, nor shall an operator or a massage professional request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall massage services.

(4) Lighting and ventilation. Each operator shall illuminate each room or area where massage is performed with light equivalent to a minimum of forty-watt incandescent light bulb, and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the city. The lighting in each massage room shall be activated at all times while the patron is in such room or area. Massage establishments shall meet the minimum standards as set forth in Title 8 of this Code.

(5) Bathroom facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment. Each wash basin shall be equipped with soap or detergent and hot running water at all times and shall be located in 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 or hand air dryer shall be provided at the restroom hand toilet room. Showers may be provided at the operator's option.

(6) Separate rooms. Massage establishments must provide separate rooms for patrons of different genders when treating them at the same time. However, establishments with separate rooms may offer "couples massage" services in a single room, subject to the requirements of this subsection. Couples massage is permitted within one (1) room provided all other requirements of this chapter are satisfied including, without limitation, provision of a separate massage table and massage professional for each customer. Any room to be used for couples massage shall be sufficiently sized so as to comply with any and all applicable building and fire codes and to permit free passage and movement of the massage professionals.

(7) Maintenance. All facilities of the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors, and ceilings of each restroom and shower area, if any, shall be made of washable mold-resistant surfaces.

(8) Massage table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. Beds, floor mattresses, and waterbeds are not permitted on the property.

B. Operations.

(1) Equipment. Each operator and/or on duty manager shall provide and maintain on the property adequate equipment for disinfecting and sterilizing instruments used in massage.

(2) Inspections. A massage establishment may be inspected as scheduled at least twice a year for the purpose of determining that the provisions of this chapter are met. Such inspections may be made by Code Enforcement or the Police Department, persons employed by the city whose job descriptions require the person to enforce the provisions of this Code, including, without limitation, code enforcement officers, and such other enforcement officials as described in Sections 1.10.020 and 1.20.020 of this Code or its successor sections.

(3) Linens and towels. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen and towels, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen."

(4) Sterilizing equipment. Each massage establishment and/or massage professional shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. Instruments utilized in performing massage shall not be used on more than one (1) client unless they have been sterilized, using approved sterilization methods.

(5) Living prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the property.

(6) Food preparation. No food of any kind shall be cooked or prepared in a massage establishment, except for employees and independent contractors who prepare food for their breaks. No food of any kind shall be for sale or sold in the establishment.

(7) Alcoholic beverages/drugs-prohibited materials. No person shall enter, be in, or remain in any part of a massage establishment while in possession of, consuming, using, or under the influence of any alcoholic beverage, recreational drugs, or controlled substance. The operator and on duty manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages or recreational drugs shall not be allowed.

(8) Contraceptive and sexual devices. No contraceptive barrier devices (i.e., condoms diaphragms, cervical caps, sponges, or other prophylactics) or sexual devices, the primary purpose of which is for sexual stimulation, shall be sold, utilized, or allowed on the property or possessed by any employee while on the property.

(9) Recordings. 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 written consent of the patron.

(10) Roster of employees. The operator and/or manager of the massage establishment shall maintain a roster of all employees, including operators, managers, and massage professionals, showing each name, nickname, and alias, home address, age, birth date, gender, height, weight, color of hair and eyes, phone number, social security number, CAMTC certificate number, date of employment, and duties of each employee. The foregoing roster and all information therein shall be maintained on the property for a period of two (2) years following the termination of each employee. Upon consent or upon obtaining an applicable warrant, the operator or on duty manager shall make the roster immediately available for inspection during all hours the massage establishment is open for business. Information in the roster shall be available for inspection only to city or Police Department representatives while performing official duties. It is unlawful for a massage establishment to employ or retain any person to provide massage for compensation, or to allow any person to provide massage for compensation on the property of a massage establishment, unless that person is listed as a massage professional on the massage permit issued pursuant to this chapter.

(11) Coverings. The massage professional shall provide to each patron clean, sanitary, and opaque coverings capable of covering areas of the patron identified as prohibited massage areas, including the genital area, anus, and breasts with specialized lobules for the production of milk or breasts that have been surgically enhanced to resemble breasts with specialized lobules. Re-use of such coverings is prohibited unless adequately cleaned and sanitized.

(12) Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service provided, the name and address of the patron, the name of massage professional administering such service, and a description of the treatment or service rendered.

(13) Hours of operation. The owner must advise the city, in writing, at the time of application for a permit of the business hours, and any change in hours occurring thereafter. No person shall operate a massage establishment between the hours of nine (9:00) p.m. and nine (9:00) a.m. All massages at a massage establishment or an outcall massage location must terminate by eight-fifty (8:50) p.m., regardless of the start time. All customers, patrons and visitors shall be excluded from the massage establishment after nine (9:00) p.m. and before nine (9:00) a.m. All customers, patrons and visitors shall be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. It is the obligation and responsibility of the massage establishment to inform clients of the requirement that any massage service must cease by eight-fifty (8:50) p.m.

(14) Advertising. No massage establishment shall place, publish, or distribute, or cause to be placed, published, or distributed, in any publication or any website, any advertising that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized by the Massage Therapy Act and pursuant to this chapter. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter. The massage establishment shall ensure that it and all massage professionals comply with Business and Professions Code Sections 4608, 4609 and 4611, by requiring the massage professionals: to include the name under which they are certified and their certificate numbers in any and all advertising of massage for compensation; to not engage in sexually suggestive advertising related to massage services; to not hold themselves out as massage professionals, or use terms such as "licensed" or "certified," that implies that uncertified persons are massage professionals; to not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is a massage professional if that individual is not so certified by the CAMTC.

(15) Insurance. No operator or manager shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the Community Development Director, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the permit holder is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000) for personal injury or death to one (1) person arising out of the operation of the massage establishment and/or the administration of any massage. Evidence of the required insurance shall be provided to the Community Development Director at the time an initial application, or renewal application, is filed.

(16) Compliance with the Americans with Disabilities Act and related laws. All massage establishments must comply with all state and federal laws and regulations providing for access to and receipt of services by disabled persons.

(17) Doors. All front, reception, hallway, or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the fire code of the city) which allow for safety doors that may be opened from the inside when locked. No massage may be performed within any cubicle, room, booth, or any other area within a massage establishment that is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar, or similar device), unless the door is an exterior door. No entry doors to any room shall be obstructed by any means. The requirement that an exterior door must remain unlocked at all times does not apply to any massage establishment owned by one (1) individual with one (1) or no employees or independent contractors.

(18) Access. No person shall be permitted to be within a massage establishment except within the lobby or reception area, or area where a customer is receiving massage services, during hours of operation, unless that person has been disclosed to the city as required under this chapter, including Section 5.45.060(A)(5).

(19) Discrimination. No massage establishment may discriminate or exclude patrons on the basis of their race, color, sex, religious creed, gender, gender identity, gender expression, marital status, military or veteran status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, or any other classification protected under federal or state laws, rules, or regulations.

(20) Prohibited massage areas. No massage professional or any person employed by the massage establishment, including independent contractors, may engage in acts that a reasonable person in the patron's perspective, would be understood as an offer to perform or engage in with a patron, acts that are sexual in nature, nor shall any massage professional or any person employed by the massage establishment, massage the genitals or anal area of any patron, nor shall any operator or manager allow or permit such massage. An operator must comply with Business and Professions Code Section 4609(a) relating to sexual acts, including not allowing massage professionals to engage in any form of sexual activity on the property of the massage establishment, or to engage in sexual activity while providing massage for compensation. A massage professional may only provide massage of breasts with specialized lobules for the production of milk or breasts that have been surgically enhanced to resemble breasts with specialized lobules with written consent of the person receiving the massage and a referral from a licensed California health care provider. This subsection is not intended to prohibit any massage technique recognized by the CAMTC as legitimate, or to impose any specific restriction or professional practice beyond those set forth in Business and Professions Code Section 4609(a). No operator, manager, or employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus and, breasts with specialized lobules for the production of milk or breasts that have been surgically enhanced to resemble breasts with specialized lobules are fully covered.

(21) Clothing. A massage professional may not wear attire that is transparent, see-through, or substantially exposes the massage professional's undergarments or that exposes their breasts, buttocks, or genitals, or that in any way willfully and lewdly exposes their private parts in any place that is in public or where there are other people present who may be offended or annoyed by such action. Swim attire may not be worn unless the massage professional is providing a water-based massage modality approved by the CAMTC. A massage professional shall not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage establishment that are not massage professionals shall also adhere to these clothing requirements.

(22) Responsibility for conduct of massage establishment. The operator and on duty manager shall be jointly responsible for the conduct of all employees while the employees are on the property of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this chapter shall be deemed to be an act or omission of the operator and on duty manager for purposes of determining whether the massage establishment permit should be revoked, or an application for such permit or renewal thereof, should be denied.

(23) Licensed massage professional. No operator or manager shall employ any person as a massage professional who does not hold a CAMTC certificate. Every operator or manager shall report to the Community Development Director any change of employees, whether by new or renewed employment, discharge, or termination, on the form and in the manner required by the Community Development Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within ten (10) business days of the date of hire or termination. The operator and manager must notify the Community Development Director immediately upon the massage establishment's notice of any disciplinary action taken by the CAMTC regarding one (1) of the establishment's massage professionals and submit a copy of the notice or order. This provision requires reporting to the Community Development Director, even if the operator or manager believes that the Community Development Director has or will receive the information from another source.

(24) School of massage. No massage establishment shall operate as a school of massage, or use the same facilities as a school of massage.

(25) Presence of duty manager required. Operation of a massage establishment without a duty manager being present at all times that the massage establishment is open for business is prohibited.

(26) Compliance with all laws. Each operator and on duty manager shall at all times comply with all provisions of this chapter and all other applicable provisions of this Code, all conditions of any required zoning approvals, conditions imposed by the Community Development Director, and all state and federal laws, statutes, and regulations, and shall provide proof of compliance upon request by the Police Department.

(27) Emergency communication. Each massage establishment shall have and maintain a dedicated telecommunication device physically at the business location with an assigned telephone number capable of receiving incoming calls and dialing out to emergency services, specifically 911.

(28) Pets. No pet(s) or live animal mascots, regardless of species, shall be allowed on the site of any massage establishment, except for a working "service dog" as defined in Section 10.08.010 of this Code.

(Ord. No. 2025-12, § 4, 6-26-2025)

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

(1) The massage professional must possess a valid unrevoked CAMTC certificate, and wear their massage CAMTC 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 professional a description of those services the outcall massage professional provides and the cost of such services. No person shall perform, or offer to perform, any service(s) other than those listed.

(3) The outcall massage professional shall at all times be 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 (1) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall be permitted, but shall not be used on more than one (1) patron.

(4) Instruments used in performing massage shall not be used on more than one (1) 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) No massage professional shall at any time during which they are on the property of the person being provided the outcall massage, wear attire that is transparent, see-through, or substantially exposes the massage professional's undergarments or exposes their breasts, buttocks or genitals.

(6) No massage professional performing outcall massage 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 5.45.070(A)(2).

(7) A massage shall not be given unless the patron's genitals are fully covered and, in addition, breasts with specialized lobules for the production of milk or breasts that have been surgically enhanced to resemble breasts with specialized lobules are fully covered.

(8) Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material.

(9) No electrical, mechanical, or artificial device shall be used by the massage professional 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) All massage professionals authorized to perform outcall massage services hereunder shall keep a separate written record at the massage professional's principal place of business of all outcall massage services performed. The record shall include, without limitation, the dates and hours of each treatment or service, the full name and complete address of the patron, the name of the massage professionals 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 twenty-four (24) months after such treatment or service. Upon consent or upon obtaining an applicable warrant, the Police Department may inspect the records to ensure compliance with this subsection. 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.

[B.

Reserved.]

(Ord. No. 2025-12, § 4, 6-26-2025)

No massage establishment permit may be sold, transferred, or assigned by a permit holder, 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 null and void. Except in the following instances (1) if the permit holder is a partnership and one (1) or more of the partners should die, one (1) or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit; or (2) if the permit holder is a member-managed California limited liability company ("LLC") and one (1) or more of the members die or leave the LLC, one (1) or more of the surviving members may acquire, by purchase or otherwise, the interest of the previous member or members without effecting a surrender or termination of such permit; and in such case, the permit, upon notification to the Community Development Director, shall be placed in the name of the surviving partners or members.

(Ord. No. 2025-12, § 4, 6-26-2025)

The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this Code and shall comply with the Massage Therapy Act.

(Ord. No. 2025-12, § 4, 6-26-2025)

This provisions of this chapter shall not apply to the professions and businesses detailed in Government Code Section 51033, as may be amended.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. Permits shall be renewed annually, provided the permit holder continues to meet the requirements of this chapter.

B. No permit granted herein shall confer any vested right to any person for more than the permit period.

C. Applications for a permit renewal shall be filed with the Community Development Director at least sixty (60) days prior to expiration of the existing permit, otherwise the permit will lapse. At the discretion of the Community Development Director, a temporary permit pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application.

D. Renewal applications shall set forth such information as may be required by the Community Development Director to update and verify the information contained in the original permit application. The applicant shall pay an application fee when applying for renewal.

E. If an application for renewal of permit and all required information is not timely received and the permit expires, no right or privilege to provide massage services shall exist.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. Violation and noncompliance. The Chief of Police may recommend refusal to issue a permit, renew a permit, or may recommend revocation of an existing permit, on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter, or any requirement of state law. After review of the permit application and the Chief of Police's recommendations, the Community Development Director may refuse to issue a permit, renew a permit, or may revoke an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter, or any requirement of state law. In any such case, the applicant or permit holder shall have the right to appeal in the time and manner set forth in this section.

B. Revocation and denial of renewal of massage establishment permit.

(1) The Community Development Director may revoke or refuse to renew a massage establishment permit if they find that:

(a) The massage establishment is employing a massage therapist that does not hold a valid CAMTC license;

(b) Any massage professional, manager, operator, or employee of the massage establishment has been convicted of any crimes set forth in Section 5.45.050(C)(1);

(c) The massage establishment, owner, or manager, has been issued an administrative citation for violating Sections 5.45.060(B)(5), 5.45.060(B)(7), 5.45.060(B)(8), 5.45.060(B)(20), or 5.45.060(B)(21) in the past twelve (12) months from the date of the permit application;

(d) Alcoholic beverage or recreational drugs are found on site;

(e) The massage establishment has violated any provision of Business and Professions Code Section 4600 et seq.; or

(f) The Chief of Police recommends that the massage establishment's operations constitute an immediate threat to the public health and safety, and the Community Development Director makes a determination of revocation based on that recommendation.

(2) The Community Development Director may revoke or refuse to renew a massage establishment permit if they find any violations of this chapter within a twelve-month period.

(3) For purposes of this section, if an administrative citation is contested, and is held to be invalid or rescinded by the City Council, or by any court of law, the violations identified in the administrative citation shall not form the basis for revoking or refusing to renew a massage establishment permit. If any administrative citation is contested, and is upheld by the City Council, or by any court of law, that administrative citation can form the basis for the revocation or refusal to renew a massage establishment permit.

C. Notice. When the Community Development Director concludes that grounds for denial of a new permit or permit renewal, or permit revocation exist, the Community Development Director shall serve the applicant or permit holder, either personally or by certified mail, addressed to the business or residence address of applicant or permit holder, within three (3) days of such decision with a notice of denial of permit, or notice of intent to revoke or deny renewal. This notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the Planning Commission, and that the decision will be final if no written appeal is filed within the time permitted.

D. Appeal.

(1) The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Community Development Director or personal service of the notice specified in subsection (C) of this section. The written appeal shall be filed with the Community Development Director and shall be accompanied by an appeal fee in an amount as set by City Council resolution. The written appeal shall include evidence that will be presented to the Planning Commission during the appeal hearing.

(2) In the event an appeal is timely filed, the denial of the permit or renewal, or revocation of the permit, shall not be effective until a final decision has been made on the appeal. Notwithstanding the foregoing, if the Community Development Director finds and determines that permitting a massage establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation may take effect immediately. If no timely appeal is filed, the denial of the new or renewal permit or revocation of a permit shall become effective upon the effective date specified in the notice issued in accordance with subsection (C) of this section.

(3) Upon receipt of a timely appeal, the Community Development Director shall refer the appeal to the Planning Commission.

(4) At the appeal public hearing, the Planning Commission shall receive oral and written evidence from the Community Development Director and the appellant. The Planning Commission shall follow the same procedures for the appeal hearing as for public hearings as defined in this Code. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The Planning Commission shall have broad authority to control the proceedings. The Community Development Director shall have the burden of proof to establish by clear and convincing evidence the facts upon which their decision is based. The appeal hearing shall be recorded by video recording. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The Planning Commission may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance.

(5) The Planning Commission may uphold, modify, or reverse the decision of the Community Development Director. Within thirty (30) days of the conclusion of the appeal hearing, the Planning Commission shall render their decision and make written findings supporting the decision in a resolution. The Community Development Director shall send a copy of the decision to the appellant, along with a proof of mailing.

(6) Within ten (10) days from date of the Community Development Director's mailing of the decision, either party may appeal the decision to the City Council. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal in the Planning Commission's decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the City Council to occur within sixty (60) days.

(7) An appeal of the Planning Commission's decision to the City Council shall be governed by the process and procedures set forth in Section 9.05.100.

(Ord. No. 2025-12, § 4, 6-26-2025)

A. A violation of any provision of this chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Chapters 1.10 and 1.20 of Title 1 of this Code. Violations of this chapter may be enforced by members of the Police Department, persons employed by the city whose job descriptions require the person to enforce the provisions of this Code, including, without limitation, code enforcement officers, and such other enforcement officials as described in Section 1.10.020 and 1.20.020 of this Code or its successor sections.

B. Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to, or in lieu of, prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment businesses and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment or contrary to the provisions of this chapter.

C. If a massage establishment is operating without a permit, or a massage establishment has had its permit revoked, staff shall send a certified letter to the property owner, notifying them that the massage establishment is not permitted to operate in the city. The certified letter shall inform the property owner that the operation of the massage establishment on the property, without a valid massage establishment permit, is a public nuisance, and that the city may seek to prosecute the property owner criminally or civilly if the property owner does not, within sixty (60) days of mailing such notice, take steps to ensure that the tenant does not continue to operate a massage establishment on the property. In any legal proceeding filed by the city against the property owner, the city may seek an order preventing the property owner from leasing the property to any person who does not hold a valid permit.

(Ord. No. 2025-12, § 4, 6-26-2025)

All requirements set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all proposed massage establishments immediately upon the date the ordinance is codified in this chapter, and shall become effective. Existing massage establishment at the time of the effective date of the ordinance amending this chapter shall comply with the standards set forth in this chapter within one hundred eighty (180) days of the effective date of the ordinance.

(Ord. No. 2025-12, § 4, 6-26-2025)