Laguna Woods Municipal Code Ch. 6.40 Massage Therapy Regulations

Footnotes:

--- (11) ---

Editor's note— Ord. No. 09-06, §§ 2, 3 adopted Sept. 16, 2009, repealed the former Ch. 6.40, §§ 6.40.010—6.40.220, and enacted a new Ch. 6.40 as set out herein. The former Ch. 6.40 pertained to massage business regulations and derived from Ord. No. 04-04, § 3(6.08.010—6.08.220), 5-19-2004.

The purpose of this chapter is to establish regulations for the massage therapy profession that are reasonable and necessary to protect public health and safety and reduce the potential for illegal and illicit activity within the City of Laguna Woods. This chapter is not intended to be exclusive and compliance with its provisions shall not excuse noncompliance with any State or other local laws.

(Ord. No. 09-06, § 3, 9-16-2009)

For the purposes of this chapter, the following terms are defined:

(05) City means the City of Laguna Woods.

(10) City Manager means the City Manager of the City of Laguna Woods or his or her designee.

(15) Employed or retained includes any person who is an employee, trainee, volunteer, or independent contractor of a massage business or establishment, regardless of whether or not compensation is paid.

(20) Massage, massage therapy, and bodywork are used interchangeably in this chapter and mean the scientific manipulation of the soft tissues. Specifically excluded are spiritual healing, detoxification, hypnosis, colonic irrigation, yoga, vacuum cupping, exercise, or procedures which penetrate body cavities by any method.

(25) Massage business or establishment means any business or establishment with a fixed location that offers massage therapy or a combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, plunges, saunas, pools and hot tubs. Any public bathing place where there is communal bathing or communal use of bath facilities at a fixed location where massage therapy is also performed shall be considered a massage business or establishment under this chapter. Locations where massage is only provided on an out-call basis are excluded.

(30) Certificate means the certificate issued by the California Massage Therapy Council to massage therapists pursuant to California Business and Professions Code § 4604, and to massage practitioners pursuant to California Business and Professions Code § 4604.2 or California Business and Professions Code § 4604.

(35) Person means any individual, proprietorship, partnership, corporation, firm, association, joint venture, limited liability company, combination of individuals, or combination of the above in whatever form or character.

(Ord. No. 09-06, § 3, 9-16-2009; Ord. No. 14-03, §§ 1—3, 12-17-2014)

(a) Except where a specific exemption is applicable pursuant to Section 6.40.040 of this Code, it shall be unlawful and a misdemeanor for:

(1) Any person to engage in the practice of massage therapy unless such person holds and maintains in full force and effect a valid California Massage Therapy Council certificate.

(2) Any massage business or establishment to employ or retain a person to engage in the practice of massage therapy unless such person holds and maintains in full force and effect a valid California Massage Therapy Council certificate.

(Ord. No. 09-06, § 3, 9-16-2009; Ord. No. 14-03, §§ 4, 5, 12-17-2014)

(a) This chapter shall not apply to:

(1) Physicians, surgeons, chiropractors, acupuncturists, osteopaths, podiatrists, naturopaths, physical therapists, and nurses who are duly licensed to practice their respective professions in the State of California under the provisions of the Business and Professions Code, while performing activities encompassed by such licenses.

(2) Persons who are duly licensed to practice a healing arts profession in the State of California under the provisions of Division 2 of the Business and Professions Code, while performing activities encompassed by such licenses.

(3) Barbers and cosmetologists who are duly licensed to practice their respective professions in the State of California under the Business and Professions Code, while performing activities encompassed by such licenses, provided that massage therapy is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons.

(4) Employees of State-licensed hospitals and nursing homes, or other state-licensed physical or mental health facilities, provided that massage therapy is only provided to their patients, while performing activities encompassed by such licenses.

(5) Persons working in conjunction with an athletic event or similar single occurrence athletic event of no more than two days, including road races and marathons, provided that the following conditions are met:

a. Massages are made equally available to all event participants; and

b. The event is open to participation or qualification for participation by a significant segment of the public (e.g., members or employees of the sponsoring or participating organizations, etc.); and

c. Massages are only provided in the facility where the event will take place during or immediately preceding or following the event; and

d. The owner of the facility where the event will take place, as well as the primary event sponsors, have been advised of and have approved the practice of massage therapy; and

e. Persons engaging in the practice of massage therapy hold valid California Massage Therapy Council certificates or are exempt under Section 6.40.040 of this Code.

(b) In the event that an exempt person, as defined above in subsection (a), employs or retains a non-exempt person to engage in the practice of massage therapy at the exempt person's business location, the non-exempt person must obtain a California Massage Therapy Council certificate before engaging in the practice of massage therapy and the business must comply with the operations requirements set forth below in Section 6.40.060 of this Code.

(Ord. No. 09-06, § 3, 9-16-2009; Ord. No. 14-03, §§ 6, 7, 12-17-2014)

(a) Each massage business or establishment must maintain on its premises evidence for review by local authorities that demonstrates that all persons engaging in the practice of massage therapy have a valid California Massage Therapy Council certificate.

(b) Proof of valid California Massage Therapy Council certification for all persons that engage in the practice of massage therapy must be filed with the City within five business days of each California Massage Therapy Council certificate's issuance or renewal.

(Ord. No. 09-06, § 3, 9-16-2009; Ord. No. 14-03, §§ 8, 9, 12-17-2014)

Massage businesses or establishments shall comply with the all of the following operations requirements in addition to all applicable requirements of the electrical, building, fire, plumbing, and other codes as adopted by the City, and State law:

(1) All lavatories or wash basins shall be provided with soap and single service towels in wall-mounted dispensers;

(2) Massage businesses or establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. After a towel, covering or linen has been used once it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle;

(3) All massage therapy or bath facilities shall be maintained in good repair and thoroughly cleaned and disinfected as needed, but no less than once each business day that the premises are open and the facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use;

(4) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before engaging in the practice of massage therapy;

(5) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any type of massage, and said instruments shall be disinfected and sterilized after each use;

(6) Pads used on massage tables shall be covered with durable and washable plastic or other acceptable waterproof material;

(7) There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, including, but not limited to, vibrators, dildos, or condoms, or any goods or items which are replicas of, or which simulate, specified anatomical areas, or pornographic magazines, videos, or other material;

(8) No person employed or retained by a massage business or establishment shall expose any genitalia, buttocks, or female breasts, nor wear attire that is transparent, see-through, or substantially exposes undergarments, while engaged in the practice of massage therapy or while visible to any patron in the massage business or establishment. Patrons shall be draped sufficient to cover their genitalia and female breasts (if applicable) during massage therapy;

(9) Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage business or establishment. All letters and numbers shall be capitals not less than one inch in height. No services shall be performed and no sums shall be charged for services other than those posted. This posting requirement shall not apply to exempt physicians and/or surgeons who employ or retain non-exempt persons to perform massage therapy as part of licensed medical activities. All arrangements for services to be performed shall be made in a room that is not used for massage therapy;

(10) Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises without a conditional use permit and any applicable California Department of Alcoholic Beverage Control licenses.

(Ord. No. 09-06, § 3, 9-16-2009; Ord. No. 14-03, § 10, 12-17-2014)

The City Manager and his or her authorized representatives shall have the right to enter massage establishments or businesses, from time to time, during regular business hours, unannounced, for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and all laws of the City and State of California.

(Ord. No. 09-06, § 3, 9-16-2009)