La Quinta Municipal Code Ch. 5.32 Massage, Therapy Businesses

"Applicant" means the individual seeking a permit pursuant to this chapter.

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

"Certified massage practitioner" means a person who is certified by the massage therapy council, under California Business and Professions Code Section 4604.2 and who administers massage.

"Certified massage therapist" means a person who is certified by the massage therapy council, under California Business and Professions Code Section 4604 and who administers massage.

"Certified statement" means a written assertion, claim or declaration bearing the original signature of the issuer.

"Communicable disease" shall mean tuberculosis, or any disease which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service.

"Complete application" shall mean an application, which provides all of the requisite information required to be provided by an applicant pursuant to this chapter.

"Disqualifying conduct" means any of the following when occurring within five (5) years of any application made pursuant to this chapter:

1. Pandering as set forth in California Penal Code Section 266i;

2. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

3. Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in California Penal Code Section 316;

4. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

5. Lewd conduct as set forth in California Penal Code Section 647, subdivision (a);

6. Prostitution activities as set forth in California Penal Code Section 647, subdivision (b);

7. Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one (1) or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647, subdivisions (a) or (b);

8. Any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

9. Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

10. Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or

11. Any felony the commission of which occurred on the premises of a massage therapy establishment.

"Filing date of application" means the date on which the permit administrator determines that a complete application pursuant to this chapter has been submitted to the permit administrator by the applicant.

"Full nudity" or "semi-nudity" means any of the following: (1) the appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola; and/or (2) a state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

"Manager" means the individual(s) who are responsible for the management and/or supervision of a massage therapy business.

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

"Massage certificate" means a valid certificate issued by the massage therapy council pursuant to California Business and Professions Code Section 4600 et seq.

"Massage therapist" means an individual who, for any consideration whatsoever, performs or offers to perform a massage.

"Massage therapy establishment" means any business that derives income or compensation from massage therapy services, whether or not massage is performed on the premises of a fixed business site.

"Massage therapy council" means the organization created pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (Business and Professions Code Section 4600 et seq.) to provide State certification of massage practitioners and massage therapists.

"Operator" means any of the following: (1) the owner; (2) the permit holder and applicant(s) therefor; (3) custodian; (4) manager; or (5) person in charge of any massage therapy establishment.

"Off-premises massage" means a massage performed at a location that is not a massage therapy establishment for which a permit to operate as a massage therapy establishment has been granted by the city.

"Patron" means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

"Permit" means a written permit to operate a massage therapy establishment. A "reciprocal permit" means a permit issued by this jurisdiction based on the fact that the applicant holds a valid massage therapy establishment permit issued by another jurisdiction in the Coachella Valley. An "original permit" means a massage therapy establishment permit issued by the city without regard to whether the applicant holds a massage therapy establishment permit issued by another jurisdiction.

"Permit administrator" means the city manager or designee, who will be responsible for issuing and revoking permits and otherwise administering any provision of this chapter.

"Permittee" means the person to whom a permit has been issued pursuant to this chapter.

"Person" means any of the following: (1) an individual; (2) a proprietorship; (3) a partnership; (4) a corporation; (5) an association; (6) a limited liability company; or (7) any other legal entity.

"Physicians certificate" means a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter.

"Specified anatomical area" means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

"Specified sexual activities" means any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or (3) excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including inter-course, oral copulation, masturbation, or sodomy.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. Massage Establishment Permit. No person shall operate, engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, the operation of a massage establishment unless: (1) all persons providing massage in connection with the establishment are certified massage practitioners and/or certified massage therapists; and (2) the massage establishment operator has obtained a massage establishment permit from the city pursuant to the provisions of this chapter, as well as any other permits, licenses and other approvals required by law.

B. Massage Therapist Certification. Only a person holding a current massage certificate issued by the massage therapy council shall perform or offer to perform massage therapy in the city. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this code or in the zoning ordinance, and every person shall comply with all such requirements.

C. Off-Premises Endorsement. Except as expressly provided in this chapter, no person shall perform or offer to perform an off-premises massage unless he or she has a valid massage therapist off-premises endorsement, issued to him or her pursuant to the provisions of this chapter. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this code or in the zoning ordinance, and every person shall comply with all such requirements.

D. The permit requirements of this chapter shall be in addition to the requirement of a business license set out elsewhere in this code, as well as any other license, permit or fee required by any local, county, state or federal law.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise thereunder by the permit administrator and the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

The city shall designate a permit administrator who shall be responsible for granting or denying all permits described in this chapter and said permits shall only be granted or denied pursuant to the provisions described herein and all other applicable laws. If no designation is made pursuant to this provision, the city manager shall be deemed the permit administrator.

Where used herein with respect to the permit administrator's responsibilities, words such as "shall" and "must" are not intended by the city to self-impose liability and are instead intended only to be directory.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. If an applicant holds a current massage therapy establishment permit issued by any other jurisdiction in the Coachella Valley, then application for a reciprocal massage therapy establishment permit may be made by submission, to the permit administrator, of all of the following:

1. A certified copy of a current massage therapy establishment permit issued by any other jurisdiction in the Coachella Valley;

2. A certified copy of the original and all renewal applications related to the massage therapy establishment permit issued by the other Coachella Valley jurisdiction(s); and

3. A nonrefundable application fee as represented in the city's fee schedule to defray the costs of administering this chapter.

B. If the massage therapy permit submitted in support of an application for a reciprocal permit includes an off-premises endorsement, the application shall be deemed an application for both a massage therapy establishment permit and an off-premises endorsement and no further documentation, information or fees shall be required in order to apply for an off-premises endorsement to the reciprocal permit.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. If an applicant does not hold a current massage therapy establishment permit issued by another jurisdiction in the Coachella Valley, application for issuance of a massage therapy establishment permit shall be made, under oath, on a form provided by the city. The following information, documents and other requirements shall be included with the submission of all such applications:

1. The applicant's legal name, any aliases and date of birth;

2. The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different;

3. Written evidence that the applicant is at least eighteen (18) years of age;

4. The previous home addresses of the applicant for the ten (10) years prior to the filing date of the application, and the dates of residency at each such address;

5. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant for the ten (10) years prior to the filing date of the application, and the dates applicant owned, operated or managed each such business;

6. Employment history for the ten (10) years prior to the date of application, and all massage or similar business history and experience;

7. Two (2) front-face portrait photographs taken within thirty (30) days of the date of application, at least two (2) inches by two (2) inches in size;

8. Applicant's weight, height, color of hair and eyes, and sex;

9. The applicant's driver's license number or identification number;

10. The applicant's fingerprints taken within the previous sixty (60) days by an agency approved by the permit administrator;

11. The applicant's social security number and/or state or federally issued tax identification number;

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

13. A list of all of applicant's criminal convictions, excluding traffic violations;

14. Whether or not the applicant has ever been convicted of any disqualifying conduct, as defined in this chapter;

15. Whether or not the applicant is required to register as a sex offender pursuant to the California Penal Code Section 290;

16. Whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation;

17. Whether or not the applicant has been a sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by any entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) for the denial, suspension or revocation;

18. A complete list of the names and current residence addresses of all proposed massage therapists, practitioners, technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than seven (7) calendar days prior to opening for business;

19. For each person that the massage establishment does or will employ, retain or permit to perform massage, whether on-premises or off-premises, a certified copy of that person's current massage certificate issued by the massage therapy council, and a copy of that person's identification card issued by the massage therapy council;

20. The name and current residence addresses of all proposed operators and managers who will be principally in charge of the operation of the massage therapy establishment.

B. The applicant shall provide the permit administrator with the authorization to seek information and conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit.

C. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct.

D. The applicant shall pay a nonrefundable application deposit fee as represented in the city's fee schedule at the time of filing an application to defray the costs of administering this chapter which fee shall be in addition to any other permit application fees.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. If an applicant does not hold a current permit with an off-premises endorsement issued by another Coachella Valley jurisdiction, application for an off-premises endorsement to a massage therapy establishment permit shall be made, under oath, on a form provided by the city. The following information, documents and other requirements shall be included with the submission of all such applications:

1. The applicant's legal name;

2. A copy of applicant's massage therapy establishment permit issued pursuant to this chapter, or reciprocal permit, if application therefor is not submitted concurrently; and

3. A complete list of the names and current residence addresses of all persons who are anticipated to provide off-premises massage, as well as a certified copy of each person's current massage certificate and identification card issued by the massage therapy council.

B. The applicant shall provide the permit administrator with the authorization to seek information and conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested off-premises endorsement.

C. The applicant shall date and sign the application, declaring under penalty of perjury that the information contained in the application is true and correct.

D. The applicant shall pay a nonrefundable application deposit fee as represented in the city's fee schedule at the time of filing an application for an off-premises endorsement to defray the cost of administering this chapter, which fee shall be in addition to any other permit application fees.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. All applications shall be submitted to the permit administrator.

B. Upon receipt of an application and payment of a nonrefundable application deposit fee, the permit administrator shall immediately stamp the application as received on that date. Within thirty (30) days thereafter, the permit administrator shall notify the applicant if the application is deemed incomplete. Any subsequent submission shall be deemed a new application.

C. Upon receipt of a completed application, the permit administrator shall cause an investigation to be made by the appropriate individuals or departments as determined by the permit administrator to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations.

D. The building official or designee shall inspect the premises proposed to be devoted to the massage therapy establishment and shall make a recommendation to the permit administrator concerning compliance with the provisions of this chapter.

E. Each department or division to which the application is submitted by the permit administrator shall respond in writing to the permit administrator.

F. The permit administrator shall grant or deny an application for an original permit within sixty (60) business days of receipt of a complete application. The permit administrator shall grant or deny a reciprocal permit or a renewal application within thirty (30) calendar days of receipt of a complete application therefor.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. An application for a massage therapy establishment permit shall be denied if the permit administrator finds that, in the case of an application for a reciprocal permit, the massage therapy establishment permit or off-premises endorsement that the applicant alleges to have been issued by another Coachella Valley jurisdiction is not valid and/or current. In all other cases, the application shall be denied if the permit administrator finds any of the following:

1. The applicant is not eighteen (18) years of age or older;

2. The application contains false information;

3. Any of the massage certificates submitted with the application are determined to be invalid;

4. The applicant has been convicted of disqualifying conduct;

5. The applicant is required by the California Penal Code to register as a sex offender;

6. The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five (5) years prior to the date of the application; or

7. The application is incomplete or any required information or document has not been provided with the application.

B. If the permit administrator denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

C. Any subsequent information submitted to cure the grounds for denial of an application shall be treated as a new application.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. The permit administrator shall issue the permit if there are no grounds to deny the permit as set forth in this chapter.

B. A massage therapy establishment permittee shall not perform, offer to perform, or allow the performance of massage therapy services at any site other than a lawfully operating fixed-location massage therapy establishment unless the permittee's massage therapy establishment permit includes an off-premises endorsement.

C. Every massage therapy establishment shall display the massage therapy establishment permit issued to it pursuant to this chapter in a conspicuous place so that it may be readily seen by persons entering the premises.

D. All areas of the massage therapy establishment shall be subject to reasonable inspections during its hours of operation to ensure compliance with this code, state laws regulating the practice of massage, and all other applicable laws and regulations.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. Upon a finding of good cause therefor, the permit administrator may issue a temporary permit to any person who possesses a valid permit issued by any other governmental entity pursuant to requirements that are similar to those set out in this chapter.

B. Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Said request shall be submitted to the permit administrator, together with the following:

1. A certified copy of a valid permit issued by any other jurisdiction, and a copy of the application for such permit;

2. A certified copy of the provisions of the ordinance or other local law pursuant to which the permit was issued by said other jurisdiction;

3. If the person intends to personally provide massage services, a certified copy of the person's valid massage certificate issued by the massage therapy council;

4. Proof of identification; and

5. A nonrefundable application deposit fee as represented in the city's fee schedule to defray the cost of administering this chapter which fee shall be in addition to any other permit application fees.

C. All temporary permits shall automatically expire thirty (30) days after the date of issuance of the subject temporary permit. The permit administrator shall have the discretion to extend the term of any temporary permit an additional thirty (30) days provided that the entire term of the subject temporary permit does not exceed a total period of ninety (90) days.

D. The permit administrator may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and policy of this chapter is met.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. During the effective duration of the permit, the permittee shall promptly update, correct or supplement the information contained in the application therefor on file with the permit administrator when necessary to keep the information contained therein current and accurate. Circumstances giving rise to the need for such supplemental information include, but are not limited to, changes in the types of services to be provided, and changes in the persons employed or retained by the massage therapy establishment to perform massage or the status of such person's massage certificate. Corrections and supplemental information shall be provided within seven (7) calendar days of the permittee becoming aware of the information.

B. Where reference is made herein to any statute or other law, said reference shall include any subsequent amendment or superseding provision thereto.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. All permits shall expire one (1) year from the date they are issued, except that an off-premises endorsement shall expire concurrently with the corresponding massage therapy establishment permit.

B. Applications for renewal of a permit shall be made thirty (30) calendar days prior to the expiration date of the permit. Application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the permit administrator remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required except as follows:

1. Renewal of a Reciprocal Permit.

a. Where the applicant seeks to renew a reciprocal permit, application for renewal shall include evidence that the underlying massage therapy establishment permit remains valid and current.

b. For renewal of a reciprocal permit, permittee shall pay a nonrefundable renewal application deposit fee as represented in the city's fee schedule to help defray the expense administering this chapter which fee shall be in addition to any other permit application fees.

c. A reciprocal permit shall not be renewed if the underlying massage therapy establishment permit has expired and has not been renewed, or if the underlying permit has been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied because the underlying permit is no longer valid, permittee shall submit a complete, original application and comply with all submission requirements set out in this chapter for application for an original massage therapist permit. All such applications shall also include an explanation of the reason that the reciprocal permit is no longer valid.

2. Renewal of Original Permits. For renewal of all massage therapy establishment permits other than reciprocal permits, permittee shall pay a nonrefundable renewal application deposit fee as represented in the city's fee schedule at the time of filing the renewal application to help defray the expense of administering this chapter which fee shall be in addition to any other permit application fees.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear a badge that identifies his or her first and/or last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the massage therapy establishment through which the massage therapy services were arranged, and the identity of the permit administrator through whom the establishment was issued a massage therapy establishment permit.

B. All massage therapists shall have in their possession a valid massage certificate and identification card issued by the massage therapy council at all times that he or she is performing or offering to perform massage therapy services within the city.

C. All massage therapists shall wear non-transparent outer garments covering all specified anatomical areas while on the premises of a massage therapy establishment, as well as while performing or offering to perform any massage therapy services, whether on-premises or off-premises.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to expose or touch any specified anatomical areas, whether his or her own, or those of another person.

B. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to be in a state of full nudity or semi-nudity, as defined by this chapter.

C. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities.

D. No person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minor's parent or legal guardian.

E. No person shall provide or offer to provide massage therapy services other than under the name of a massage therapy establishment possessing a valid massage therapy establishment permit.

F. No person shall provide or offer to provide massage therapy services under any name not specified on the massage certificate issued to him or her by the massage therapy council.

G. No permittee or person shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service.

H. No permittee shall transfer or assign any permit issued pursuant to this chapter to another person or entity. Any attempted transfer shall result in the automatic termination of said permit.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. If the operator of a massage establishment held a permit validly issued by the city prior to the effective date of the ordinance codified in this chapter, and was in compliance with all requirements of the city with respect thereto, said permit holder shall have until the expiration date of said existing permit, or one (1) year from the effective date of the ordinance codified in this chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions of this chapter.

B. If a massage therapist held a permit validly issued by the city prior to the effective date of the ordinance codified in this chapter, and was in compliance with all requirements of the city with respect thereto, said permit holder shall have until the expiration date of said existing permit, or one (1) year from the effective date of the ordinance codified in this chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions of this chapter, if applicable, and a massage certificate issued by the massage therapy council.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A massage therapist permit and any off-premises endorsement issued pursuant to this chapter, or any predecessor to this chapter, shall be revoked by the permit administrator if he or she receives notice that, after administrative proceedings conducted in conformity with the city's municipal code, the city has made any of the following findings or determinations with respect to the permittee:

A. The massage therapy establishment or provision of massage services is conducted in a manner that does not comply with all applicable laws, including, but not limited to, this chapter and the city's building, zoning and health regulations;

B. The holder of the permit is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in California Penal Code Section 290;

C. The permittee fails to timely notify the permit administrator of any update to the information contained in the permit application that is required to keep the information current;

D. Information contained in the approved application is inaccurate;

E. Any patron of the permittee contracts any communicable disease during the course of any services offered by the permittee;

F. The holder of the permit, or any applicant therefor, refuses to allow representatives of the city or permit administrator to inspect business records of the permittee, or any premises utilized by the permittee for massage therapy services;

G. The permittee fails to comply with any of the provisions of this chapter; or

H. The holder of the permit has ceased to meet any of the requirements for issuance of the permit.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

Any person aggrieved by a decision of the permit administrator may file an appeal to the city council in accordance with Sections 2.04.100 through 2.04.130 of this code. The decision of the city council concerning the appeal shall be final.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

A. Any violation of the provisions of this chapter is unlawful and a public nuisance, subject to abatement, removal or enjoinment thereof in the manner provided by law.

B. Any violation of the provisions of this chapter shall constitute a misdemeanor and the violator shall be subject to the imposition of criminal penalties in accordance with this Code and any applicable state laws.

C. In lieu of issuing a criminal citation, the city may issue an administrative citation and assess an administrative fine consistent with the provisions of this code.

D. Each and every day a violation of this chapter exists constitutes a separate and distinct offense and shall be subject to citation.

E. The remedies provided herein are not to be construed as exclusive remedies and, in the event of a violation, the city may pursue any proceedings or remedies otherwise permitted by law.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

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

A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the state of California, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of said license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the state of California to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first satisfying the applicable requirements of this chapter.

B. Any treatment administered in good faith in any course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state of California or any other laws of the state of California.

C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the state of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes.

D. Licensed employees of hospitals, nursing homes, sanatoriums, or other health care facilities that are duly licensed by the state of California.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

No massage therapy establishment permit or off-premises endorsement shall be transferable and any attempted transfer shall render the permit and endorsement null and void. A change of location of a massage therapy establishment will require a new massage therapy establishment permit.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

To ensure the health and safety of all persons, every person operating or maintaining a massage therapy establishment, and/or providing massage services, in the city shall comply with each of the following requirements at all times:

A. A separate wash basin shall be provided for each portion of a massage therapy establishment wherein massage services are performed for the individual use of each person performing massage services. The basin shall be provided with soap and hot and cold running water at all times and shall be located within, or as close as practicable, to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers.

B. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

C. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

D. Massage therapy establishments shall be operated in compliance with all applicable laws and regulations, including without limitation, the California Massage Therapy Act (Business and Professions Code Section 4600 et seq.).

E. It shall be the responsibility of the holder of the massage therapy establishment permit and the massage establishment operator to ensure that each person employed or retained by the massage establishment as a massage therapist has first obtained a valid massage certificate from the massage therapy council and acts in compliance with the provisions of this chapter at all times.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

The following provisions shall apply to massage therapists permits issued prior to October 19, 2001 and to massage establishment permits issued prior to August 21, 2015 (references to "this chapter" in this section mean this chapter as it existed prior to such dates):

A. A permit issued under authority of this chapter may be suspended for violation of any of its provisions or for fraud or misrepresentation in the permit application, but no permit shall be revoked until after a hearing has been held before the city manager or designee, to determine just cause for the revocation; provided, however, the chief of police may order any permits suspended pending the hearing, and it is unlawful for any person to carry on the business of a massage technician or to operate a massage therapy establishment depending upon the particular type of permit which has been suspended until the suspended permit has been reinstated by the city manager. Notice of the hearing shall be given in writing and served at least five (5) days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of the permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where the hearing will be had following the five (5)-day notice period.

B. The notice shall be served upon the permit holder in accordance with Section 1.01.300 of this code.

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)

The following provisions shall apply to massage therapist permits issued prior to October 19, 2001 and to massage establishment permits issued prior to August 21, 2015 (references to "this chapter" in this section mean this chapter as it existed prior to such dates):

A. Every person, except those persons which are specifically exempted by this chapter, whether acting as an individual, owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in anyway, who gives massages or conducts a massage therapy establishment or room, or who gives or administers or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows or any type of therapy or who does or practices any of the other things or acts mentioned in this chapter without first obtaining a permit to do so from the city or violates any provision of this chapter shall be guilty of a misdemeanor.

B. Any owner, operator, manager, or permittee in charge or in control of a massage therapy establishment who knowingly employs a person performing as a massage technician as defined in this chapter who is not in possession of a valid permit or who allows such an employee to perform, operate or practice within such a place of business is guilty of a misdemeanor.

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

(Ord. 526 § 7, 2015; Ord. 359 § 4, 2001)