Livingston Municipal Code Ch. 10 Massage Establishments and Services

It is the purpose and intent of this chapter to provide for the orderly regulation of massage therapists and operations of massage establishments as defined in this chapter in the interest of public health, safety and welfare by providing certain minimum qualifications for the operators of massage establishments, massage therapists and massage therapist trainees.

(Ord. 537, passed 1-17-2006)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BONA FIDE NONPROFIT CLUB. Any fraternal, charitable, religious, benevolent or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare to which admission is limited to the members and guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation, under the internal revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization, and in which massage or bath services are provided incidental to its primary operation.

HEALTH OFFICER. That person designated by the City of Livingston as health officer or his or her authorized representative.

MASSAGE. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of another human body with the use of the hands, arms or other portions of the body, or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice. MASSAGE should also include the giving of any baths as listed under this section.

MASSAGE ESTABLISHMENT. Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on, any of the activities mentioned in this chapter. Any establishment engaged in or carrying on, or permitting any combination of massage and bathhouse is a MASSAGE ESTABLISHMENT.

MASSEUR or MASSEUSE. Any person who for any consideration whatsoever engages in the practice of “massage” as defined in this section unless otherwise accepted.

PERSON. Any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

PUBLIC BATHHOUSE. Any place, including a private club or organization, except as otherwise provided, wherein any person, firm, association, corporation or partnership engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, or the giving or furnishing of Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths of any kind whatever excluding ordinary tub baths or showers.

RECOGNIZED SCHOOL OF MASSAGE. Any school or institution which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than 180 class hours to be given in not less than three calendar months, before the student is furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to the Cal. Business and Professional Code § 4601.

(Ord. 537, passed 1-17-2006)

(A) Except as provided by § 10-10-31 of this chapter, no person shall perform a massage for a fee or any other consideration at a location outside a massage establishment or a school of massage as defined in this chapter. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city the operation of a “massage establishment” as defined in this chapter without first having obtained a permit from the city after approval by the requisite city officers.

(B) It is unlawful for any person to act as a masseur, masseuse, instructor, trainee or to take any other position of employment involving the performance of massages, with a massage establishment or school of massage, without first having obtained a permit from the city after approval by the requisite city officers.

(Ord. 537, passed 1-17-2006)

Every applicant for a permit to maintain, operate or conduct a massage establishment or a school of massage shall file an application with the city upon a form provided and shall pay a filing fee of $100 which shall not be refundable. APPLICANT includes an individual owner, managing partner or corporate manager.

(Ord. 537, passed 1-17-2006)

Every person employed by a massage establishment, including any person who engages in the practice of “massage” as defined in this chapter, and every instructor and trainee in a school of massage shall file an application with the city upon a form provided and shall pay a filing fee of $25 which shall not be refundable.

(Ord. 537, passed 1-17-2006)

Applications for permits shall be submitted to the city. Every application shall furnish the following information:

(A) The type of permit applied for;

(B) The name and residence address including all aliases by which the applicant has been known;

(C) The two previous residence addresses immediately prior to the present residence address of the applicant;

(D) Written proof that the applicant is at least 18 years of age;

(E) The applicant’s height, weight, color of eyes and hair;

(F) Two recent portrait photographs of the applicant, which photographs shall not exceed two inches square in size and shall be full front views of the face and head only;

(G) Business, occupation or employment of the applicant for the three years immediately preceding the date of application;

(H) The applicant’s Social Security number and driver’s license number, if any;

(I) The massage or similar business license or permit history of the applicant; whether such person has previously operated in this or another city or state under license or permit; whether such person has had such license or permit revoked or suspended and the reason therefor; and the business activity or occupation subsequent to such action of suspension or revocation;

(J) Whether the applicant has ever been arrested for or convicted of:

1. An offense involving conduct which required registration pursuant to the Cal. Penal Code § 290;

2. An offense involving the use of force and violence upon the person of another that amounts to a felony;

3. An offense involving sexual misconduct with children;

4. An offense as defined in Cal. Penal Code §§ 311, 315, 316, 318, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 647(a), 647(b), 647(d), 647a, or any violation of Cal. Penal Code § 182;

5. Conspiracy to violate any of the aforesaid sections of the California Penal Code; or

6. The commission of the equivalent of any of the aforesaid crimes in a jurisdiction outside the state.

(K) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection (K) has been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement must be made giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;

(L) The location at which the permittee is to be employed; and

(M) Such other identification and information necessary to discover the truth of matters specified in this section as required to be set forth in the application.

(Ord. 537, passed 1-17-2006)

(A) An applicant for a permit as a masseur, masseuse or instructor must furnish a diploma or certificate of graduation from a recognized school of massage wherein the method, profession and work of massage is taught.

(B) The city shall accept as meeting the training requirements of this section satisfactory evidence that the applicant has attended not less than 180 hours of instruction in not less than three months at a recognized school within or without this state or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this chapter.

(C) Two years’ bona fide experience as a masseur or masseuse in a massage establishment attested to in writing by a person other than the applicant may be substituted for the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught.

(Ord. 537, passed 1-17-2006)

(A) An application for a permit to operate a massage establishment shall set forth the exact nature of the massage or baths to be administered and the proposed place of business and facilities therefor.

(B) 1. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown on its articles of incorporation together with the names and addresses of each of the officers, directors, and each stockholder holding more than ten percent (10%) of the stock of the corporation.

2. If the applicant is a partnership, the application shall set forth the names and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply.

(Ord. 537, passed 1-17-2006)

Every application filed by a natural person shall be accompanied by a certificate from a physician licensed to practice medicine in the state that the applicant has been tested within the previous 30 days in a manner to be approved by the health officer and has been found to be free of all contagious, infectious and communicable disease.

(Ord. 537, passed 1-17-2006)

Every application for a school of massage shall be accompanied by:

(A) Proof of approval pursuant to Cal. Business and Professional Code § 4601;

(B) A statement of the educational and experience qualifications and the names and residence addresses of all directors, administrators and instructors; and

(C) A copy of the course outline, schedule of tuition fee and other charges, regulations pertaining to tardiness and absence, grading policy, and rules of operation and conduct.

(Ord. 537, passed 1-17-2006)

Every application for a permit under this chapter shall be verified by affidavit or by declaration, or certification under penalty of perjury as provided in the Cal. Code of Civil Procedure.

(Ord. 537, passed 1-17-2006)

(A) The application shall be referred to the Chief of Police who shall take the fingerprints and confirm the height and weight of the applicant.

(B) Nothing contained in this chapter shall be construed to deny the right of the Chief of Police to require additional photographs, information or identification of the applicant.

(Ord. 537, passed 1-17-2006)

(A) Copies of an application for a massage establishment or school of massage permit shall be referred to the Building Inspection Department, the Fire Chief, the Health Department, the Planning Director and the Chief of Police, who shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the finance officer concerning compliance with the codes that they administer.

(B) All other applications shall be referred to the Health Department and the Chief of Police for their approval or written recommendations.

(Ord. 537, passed 1-17-2006)

(A) The city shall issue a massage trainee permit to any person who qualifies for such a permit who files an application under § 10-10-6 of this chapter and who is currently registered and attending a recognized school of massage in the city, except that the city may refuse, revoke or suspend a permit for the reasons set forth in § 10-10-15 of this chapter. No trainee shall perform any of the services enumerated in the definitions of “massage”, “masseur or masseuse” and “public bathhouse” in § 10-10-2 of this chapter, except that such trainee may engage in massage services within the school premises under the direction of a qualified instructor and in his or her presence.

(B) Such trainee permit shall be valid for a period of three months and shall not be renewed or extended except for a delay of requisite training due to accident, illness or other valid reason.

(C) The applicant for a trainee permit must submit a letter signed by the owner, manager or director of the recognized school showing that the applicant is currently accepted for or enrolled in a course of study leading to a degree or certificate of graduation.

(D) The trainee permit may be extended by the Finance Officer for a period of three months or until the trainee has completed at least 180 hours of instruction in a recognized school of massage upon a showing of good cause by the trainee contained in a written application to the city.

(Ord. 537, passed 1-17-2006)

(A) The city shall issue all other permits after the application has been reviewed and approved, except that for good cause the city may refuse, revoke or suspend a permit for a massage establishment, a school of massage or for any other applicant or permittee for any of the following reasons to be set forth in writing and delivered to the applicant or permittee:

1. The operation as proposed by the applicant if permitted will not or does not comply with all applicable laws including, but not limited to, ordinances relating to building, health, planning, housing, zoning and fire protection, and other applicable codes which the city has a responsibility to administer including the regulations adopted by the Health Department;

2. The applicant or any other person who will be directly engaged in the management and operation of a massage establishment or school of massage has been arrested or convicted of any of the offenses enumerated in § 10-10-6(J) of this chapter or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state;

3. A permit may be issued to any person arrested or convicted of any of the crimes described if such arrest or conviction occurred more than seven years prior to the date of the application and the applicant has had no subsequent felony arrests or convictions of any nature and no subsequent misdemeanor arrests or convictions for crimes mentioned in § 10-10-6(J) of this chapter;

4. The applicant has been licensed or registered in any state as a prostitute;

5. The character of the neighborhood or district is not a proper or suitable place in which to conduct or maintain such business or calling;

6. The location of the establishment must not be within close proximity of any school grounds;

7. In any case where any of the provisions of this chapter are violated or where the permittee or any employee including a masseur, a masseuse, instructor or trainee is engaged in any conduct at a massage establishment or school of massage which violates any state or local law or ordinances, or where the permittee of a massage establishment or school of massage has actual or constructive knowledge of such violations, or where any such permittee by the exercise of due diligence should have had actual or constructive knowledge of any such violation, or in any case where such permittee or any other person whatever acting on his or her behalf refuses to allow any duly authorized building inspector, police officer or health officer representing the city to inspect the premises or the operations therein; and

8. Upon the recommendation of the Merced County health officer that such business is being managed, conducted or maintained without regard for the public health, or for the health of patrons or customers, or without due regard to proper sanitation or hygiene.

(B) Any refusal to issue a permit, suspension or revocation under the provisions of this section is appealable to the City Council as provided by law.

(Ord. 537, passed 1-17-2006)

The permit when issued shall state whether it is for a massage establishment, for a school of massage, for a masseur or masseuse, for a massage establishment employee who is not authorized to perform a massage, or for an instructor or trainee in a school of massage.

(Ord. 537, passed 1-17-2006)

(A) Permits issued under these provisions shall be valid for a period of one year from the date of issuance and shall be renewable annually.

(B) Application for the renewal of a masseur or masseuse permit shall be accompanied by a nonrefundable $10 filing fee, and shall contain the same information as in § 10-10-6 of this chapter, excluding therefrom § 10-10-6(D), (G), (H) and (I) of this chapter.

(C) The application shall be referred to the Chief of Police who shall have the right to confirm the identity of the applicant by taking fingerprints and additional photographs and shall have the right to confirm the height and weight and criminal record of the applicant.

(D) The application of a natural person shall be accompanied by a certificate from a physician licensed to practice medicine in the state that the applicant has been tested within the previous 30 days in a manner to be approved by the Health Department and has been found to be free of all contagious, infectious and communicable diseases.

(Ord. 537, passed 1-17-2006)

(A) Upon sale, transfer or relocation of a massage establishment or school of massage the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee the massage establishment may continue a business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the permit.

(B) No such permittee shall operate under any name or conduct his or her business under any designation or at any location not specified in the permit.

(C) Any masseur, masseuse, instructor, trainee or other employee may continue to use a valid and unexpired permit at any other massage establishment or school of massage as authorized upon written notice to the city.

(Ord. 537, passed 1-17-2006)

(A) No permit to conduct a massage establishment shall be issued until an inspection has been made by a building inspector, Fire Chief, health officer and the Chief of Police of the city.

(B) Construction of rooms used for toilets, tubs, steam baths and showers shall be made in accordance with the state and city building codes. Plumbing fixtures shall be installed in accordance with said codes.

(C) Toilet facilities shall be provided in convenient locations. Separate toilet facilities shall be provided for male and female and shall be designated as to the sex accommodated therein.

(D) Lavatories or wash basins provided with both hot and cold running water shall be installed in either room or the vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

(E) All portions of massage establishments and baths shall be provided with adequate light and ventilation as approved by the public health officer. When windows or skylights are used for ventilation, at least one-half of the total required window area shall be openable.

(F) To allow for adequate ventilation, cubicles, rooms and areas provided for patrons’ use not served directly by a required window, skylight or mechanical system of ventilation shall be constructed so that the height of partitions does not exceed 75% of the floor to ceiling height of the area in which they are located.

(G) No cubicle, room, booth or any area within a massage establishment which is used for giving massages shall be fitted with a door capable of being locked.

(H) All electrical equipment shall be installed in accordance with the requirements of the city electrical code.

(Ord. 537, passed 1-17-2006)

No person shall conduct or operate a massage establishment or service between the hours of 2:00 a.m. and 6:00 a.m. of the same day.

(Ord. 537, passed 1-17-2006)

A school of massage shall have the same facilities as required of a massage establishment. A school of massage permit shall not be issued for the same location as a massage establishment.

(Ord. 537, passed 1-17-2006)

(A) Every portion of a massage establishment or school of massage including appliances, apparatus and personnel shall be kept clean and operated in a sanitary condition.

(B) All masseurs, masseuses, instructors and trainees shall be clean and wear clean outer garments, the use of which is restricted to the massage establishment. A separate dressing room for each sex must be maintained on the premises with individual lockers for each employee or trainee. Doors to such dressing rooms shall open inward and shall be self-closing.

(C) Each massage establishment and school of massage shall be provided with clean, laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in an approved and sanitary manner. Each massage table shall be provided with clean sheets and towels prior to each use. No towels or sheets shall be laundered or dried in any massage establishment. Approved receptacles shall be provided for the storage of soiled linen and paper towels.

(D) Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and shower compartments shall be thoroughly cleaned with a disinfectant after each use.

(E) No massage establishment or school of massage, whether located in any building originally constructed for residential or sleeping purposes or not, shall be used for residential or sleeping purposes.

(Ord. 537, passed 1-17-2006)

(A) The operator of a massage establishment must maintain a register of all persons employed on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any city police officer or county health officer.

(B) The operator of a school of massage must maintain a register of all persons employed on the premises and of all trainees or students. Such register shall be available for inspection during regular business hours by any city police officer or county health officer.

(Ord. 537, passed 1-17-2006)

(A) The city shall provide each masseur, masseuse, instructor or trainee, or other employee granted a permit with an identification nameplate which shall contain a photograph of and the first name and permit number of said masseur, masseuse, instructor or trainee which must be worn on the front of the outermost garment at all times during the hours of employment or training.

(B) Every permit which shall have been granted pursuant to the provisions of this chapter to a massage establishment or school of massage shall be displayed in a conspicuous place so that the name may be readily seen by persons entering the premises.

(Ord. 537, passed 1-17-2006)

It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment or school of massage to employ any person who is not at least 18 years of age.

(Ord. 537, passed 1-17-2006)

Every permittee of a massage establishment or school of massage shall keep a daily register, approved as to form by the Police Department, of all patrons or customers with names, addresses and hours of arrival and the rooms or cubicles assigned, if any, or of location of any massage given under the direction of a practitioner of the healing arts, chiropractic, or physical therapy and with the name of the employee providing any such massage services. The daily register shall at all times during business hours be subject to inspection by a health officer or a police officer and shall be kept on file for one year.

(Ord. 537, passed 1-17-2006)

Every permittee of a massage establishment or school of massage shall post the following signs in a conspicuous place printed in bold letters not less than one inch in height:

(A) A statement of the rates to be charged for all massage services to be performed. No sum shall be charged for such massage services greater than that shown on the rate card; and

(B) A statement that the premises are subject to inspection without notice by authorized officials of the city.

(Ord. 537, passed 1-17-2006)

The Police Department, Building Inspection and the Health Department shall from time to time, but not less than twice a year, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this chapter are being complied with.

(Ord. 537, passed 1-17-2006)

It shall be the responsibility of the permittee for the massage establishment or school of massage to ensure that each person employed shall first have obtained a valid permit pursuant to this chapter.

(Ord. 537, passed 1-17-2006)

All persons who possess an outstanding business license heretofore issued for the operation of a massage establishment or school of massage and all employees thereof must file for a permit on or before December 31, 1975, if they qualify under the provisions contained in this chapter. Failure to do so and continued operation of said place of business or continued employment without a permit shall constitute a violation of all applicable provisions of this chapter.

(Ord. 537, passed 1-17-2006)

(A) This chapter shall not apply to hospitals, nursing homes, sanatoriums or persons holding an unrevoked certificate to practice the healing arts, chiropractic or physical therapy under the laws of the state when lawfully carrying out their particular profession, or persons working under the direction of any persons in any such establishments, nor shall this chapter apply to barbers or cosmetologists when lawfully carrying out their particular profession or business and holding a valid unrevoked license or certificate of registration issued by the state.

(B) A bona fide nonprofit club or organization as defined in § 10-10-2 of this chapter or its employees shall be required to obtain a permit, and must conform to all applicable building, health, fire and zoning laws and regulations of the city. The fees for the permits may be waived by the city.

(Ord. 537, passed 1-17-2006)

No massage establishment, school of massage or any employee or trainee thereof shall sell, serve, furnish, keep or possess any alcoholic beverage on the premises.

(Ord. 537, passed 1-17-2006)

Any owner, operator, manager or permittee in charge of or in control of a massage establishment or school of massage who knowingly employs any person who is not in possession of a valid, unrevoked permit or who allows such a person to practice within such a place of business is guilty of a misdemeanor and upon conviction such person shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. 537, passed 1-17-2006)

Every person who violates any provisions of this chapter is guilty of a misdemeanor, and upon conviction such person shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not to exceed six months, or by both fine and imprisonment.

(Ord. 537, passed 1-17-2006)