Los Banos Municipal Code Art. 1 General Provisions

It is the purpose and intent of this chapter to provide for the orderly regulation of massage therapists and massage establishments, in the interest of the public health, safety and welfare. The City wishes both to recognize the practice of massage as a valid professional field and to discourage prostitution and other unlawful activity which otherwise may become associated with some massage establishments.

This chapter relies upon the State certification process of the California Massage Therapy Council under California Business and Professions Code Section 4600 et seq.

In addition, this chapter provides certain minimum standards for the operation of massage establishments, their managing employees, and massage therapists and practitioners.

This chapter is adopted under the authority of Government Code Sections 51030 through 51034, Government Code Section 37101, Business and Professions Code section 16000, and California Constitution Article XI, Section 7.

(§ 1, Ord. 1162, eff. March 7, 2018)

For purposes of this chapter, unless the context clearly indicates otherwise, certain words and phrases shall have the meaning given to them in this section:

"Applicant"

means any person who applies for a license as required by this chapter. In the event the applicant is a non-natural person (e.g., a corporation), the term applicant shall also include the responsible person legally authorized to act on behalf of the applicant and, submit an application to the City pursuant to this chapter.

"California Massage Therapy Council" or "CAMTC"

means the California Massage Therapy Council created under Business and Professions Code Section 4602.

"Certified massage practitioner" or "practitioner"

means a person who is currently certified as a massage practitioner by the CAMTC pursuant to Business and Professions Code Section 4604.2. A certified massage practitioner or practitioner shall comply with the requirements of this chapter, and the provisions of the Massage Therapy Act under California Business and Professions Code Section 4600 et seq.

"Certified massage therapist" or "therapist"

means a person who is currently certified as a massage therapist by the CAMTC pursuant to Business and Professions Code Section 4604. A Certified massage therapist or therapist shall comply with the requirements of this chapter, and the provisions of the Massage Therapy Act under California Business and Professions Code Section 4600 et seq.

"Director"

means the Community and Economic Development Director or any other person the City Manager may designate to administer the Massage permitting program.

"Exempt massage therapist" or "city permitted massage therapist"

means a massage therapist who has as of January 1, 2018 a valid City issued massage therapist permit and or valid City issued business license and who on or before June 1, 2018 applied to the City and was granted an exemption to the State certification requirement. An exempt therapist or City permitted therapist shall comply with the requirements of this chapter, and the provisions of the Massage Therapy Act under California Business and Professions Code Section 4600 et seq., except for the State certification requirements.

"Massage" or "massage therapy"

means any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating, of the external parts of the body with hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, mud, fermentation or any other type of bath.

"Massage establishment"

means a fixed location where certified massage therapists, certified massage practitioners or exempt therapists practice massage, excluding those locations where massage is performed on an outcall basis, as provided in Business and Professions Code Section 4601(f). The following are not considered massage establishments under this chapter: a hospital, nursing home, sanitarium, physiotherapy establishment, office of a licensed medical professional, or other State licensed physical or mental health professional or facility; nor athletic clubs, health club, or fitness facilities, when the giving of massage is an incidental function of the business.

"Outcall massage service"

means a business which provides massage at a location designated by the client or the massage therapist, practitioner, or exempt therapist other than at a massage establishment.

"Owner"

means an individual natural person, firm, corporation, association, organization, partnership, limited liability company, business trust, corporation or company that owns, has an equity interest in, or shares a percentage of massage therapy proceeds with, a massage establishment.

(§ 1, Ord. 1162, eff. March 7, 2018)

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

(a) Physicians, surgeons, nurses, chiropractors, osteopaths, acupuncturists, podiatrists, physical therapists, who are duly licensed to practice their respective professions, in the State of California under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code.

(b) Persons operating or employed at hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State of California.

(c) Trainers of any amateur, semi-professional or professional athlete or athletic team, so long as such persons' practice of massage is limited to such athletes and athletic teams.

(d) Persons operating or employed at athletic clubs or fitness facilities, where such facility is designed and equipped for indoor sports, exercise, or physical education, and where massage services are provided at such facilities and incidental to the function of the business; however any person performing massage at such facilities shall be CAMTC certified massage therapist, CAMTC certified massage practitioner, or an Exempt massage therapist or City permitted massage therapist as defined in this chapter.

(e) Barbers, cosmetologists, or estheticians who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber's, cosmetologist's, and esthetician's State license.

(f) Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training wherein the student receives school credit, operated by the school, without receiving any form of compensation, including tips, on the premises of a massage establishment duly authorized to operate in the City.

(g) Persons performing a therapeutic modality for which the State does not offer licenses or certification under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code and the modality is performed with minimal touching and the client remains fully clothed at all times, such as Reiki, Reflexology, Rolfing or the Bowen Technique.

(§ 1, Ord. 1162, eff. March 7, 2018)