Los Banos Municipal Code Art. 2 Massage Therapists

(a) Except as otherwise provided in this chapter, no person may practice or perform massage or massage therapy in the City without having a valid and unexpired CAMTC certification pursuant to Business and Professions Code Section 4604, 4604.1, or 4604.2.

(b) An independent contractor performing massages in the City shall have a valid and current City issued business license.

(§ 1, Ord. 1162, eff. March 7, 2018)

(a) A massage therapist or practitioner who has as of January 1, 2018 a valid City issued massage therapist permit and or valid City issued business license shall be exempt from the State certification requirements of this chapter, if on or before May 1, 2018 he or she applies with the City and is granted an exemption to the State certification requirement by the Director based upon the following criteria:

(1) The massage therapist or practitioner who as of January 1, 2018 has practiced or performed massage in the City pursuant to a valid City issued massage therapist permit and or valid City issued business license;

(2) The massage therapist or practitioner has completed one of the following requirements:

(A) Five hundred hours of instruction in a massage specialty and therapeutic approach at a recognized school of massage;

(B) Two hundred fifty hours of such instruction and an additional 500 documented hours of practical experience in a massage specialty and therapeutic approach in one or a combination of the following: (i) a primary office of and under the direct supervision of a medical professional licensed by the State of California; specifically, a physician, surgeon, chiropractor, osteopath, physical therapist, or nurse, while such medical professional is performing activities encompassed by such license and is physically on the premises where the massage therapy is being administered, (ii) continuing education classes or seminars in the field of massage therapy offered by a recognized school of massage, and (iii) as a permitted massage therapist trainee working under direct supervision of a permitted massage therapist; or

(C) Has passed an independently prepared and administered national certification exam which has been recognized by objective standards to fairly evaluate professional level, skill, safety, and competence as determined by the National Commission for Certifying Agencies (NCCA).

(3) The massage therapist or practitioner has not been convicted of committing any act punishable as a sexually related crime or being required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code); or is not required to register as a sex offender in another State; or has not been convicted of violating subdivision (b) of Section 647 of the Penal Code.

(4) That the massage therapist or practitioner has not violated any provision of this chapter or any similar ordinance, law, rule, or regulation of another public agency which regulates the operation of massage establishments or massage therapists or practitioners.

(5) Certificate from a physician licensed to practice in the State of California stating that the massage therapist or practitioner has tested negative for tuberculosis. If the massage therapist or practitioner has tested positive, the therapist or practitioner must submit documentation from a physician licensed to practice in the State of California that the tuberculosis is not in an active State and the massage therapist or practitioner is asymptomatic.

(b) A massage therapist or practitioner who qualifies and receives an exemption from the State certification requirement shall obtain a City issued massage therapist permit pursuant to this chapter and shall comply with the applicable requirements of this chapter.

(c) The Director shall make a determination to approve, conditionally approve or deny the exemption within a reasonable period of time after submittal of a complete application. Upon the approval of an application for an exemption from the State certification requirement, the Director shall issue a massage therapist permit to the applicant within 10 business days of approval.

(d) The Director may issue a City issued massage therapist permit upon such conditions he or she deems necessary to adequately protect members of the public in their patronage or dealings with the Exempt massage therapist or to reduce the incidence, detect the commission, or identify perpetrators of crime. Such conditions may be imposed at the time a City issued massage therapist permit is initially issued, upon renewal of the permit, or at any time during the term of the permit.

(e) On determining that grounds for denial of an initial application exist, the Director shall furnish written notice of the proposed denial to the applicant stating the reasons therefor, and serving the notice and a copy of this chapter or any otherwise applicable code sections, upon the applicant, in person or by regular mail. The applicant shall be given an opportunity to appear and meet with the Director contest the proposed decision to deny the application and to show cause why the application should not be denied.

(f) After holding the meeting described in subsection (e) herein, or if the applicant does not request a meeting, upon determining that there are sufficient grounds, the Director shall:

(1) Approve the application;

(2) Conditionally approve the application;

(3) Deny the application.

(g) The decision of the Director shall become effective 14 days following the date of service (either by regular mail or personally) upon the applicant of the notice of decision.

(§ 1, Ord. 1162, eff. March 7, 2018)

(a) A City permitted massage therapist who qualifies and receives an exemption under Section 11-16.202 shall file an annual renewal application on the required form provided by the Director for a City issued massage therapist permit. Failure to annually renew the massage therapist permit shall invalidate the exemption to the State certification requirement for the City permitted massage therapist. The Director shall make a determination to approve, conditionally approve or deny the renewal application.

(b) The Director may deny the renewal application for a City issued massage therapist permit for any of the following reasons:

(1) If the City permitted massage therapist made a material misstatement or omission in the application or in a previous application. If the Director finds substantial evidence that an application contains a knowing or intentional material misstatement or omission;

(2) The City permitted massage therapist violated any provision of this chapter and the permit was previously suspended or revoked for any violation of this chapter;

(3) The City permitted massage therapist violated any provision of this chapter on more than one occasion; provided, that the City permitted massage therapist received timely notice of each violation;

(4) The City permitted massage therapist has been convicted of or pled guilty or no contest to committing any act punishable as a sexually related crime or being required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code); or is required to register as a sex offender in another State, or has been convicted of violating subdivision (b) of section 647 of the Penal Code;

(5) The City permitted massage therapist has committed any of the acts described in subdivision (a) of Section 4609 of the Business and Professions Code.

(c) On determining that grounds for denial of a renewal application exist, the Director shall furnish written notice of the proposed denial to the applicant stating the reasons therefor, and serving the notice and a copy of this chapter or any otherwise applicable code sections, upon the applicant, in person or by regular mail. The applicant shall be given an opportunity to appear and meet with the Director contest the proposed decision to deny the application and to show cause why the application should not be denied.

(d) After holding the meeting described in subsection (c) herein, or if the applicant does not request a meeting, upon determining that there are sufficient grounds, the Director shall:

(1) Approve the application;

(2) Conditionally approve the application;

(3) Deny the application.

(e) The decision of the Director shall become effective 14 days following the date of service (by mail or personally) upon the applicant of the notice of decision.

(§ 1, Ord. 1162, eff. March 7, 2018)

(a) The Director may suspend or revoke a City issued massage therapist permit for any of the following reasons:

(1) The City permitted massage therapist consumed non prescribed controlled substances in a massage establishment;

(2) Any of the grounds for denial of the City issued massage therapist permit would apply;

(3) The City permitted massage therapist performed, solicited or in any way made available any service that is not a legitimate, recognized massage service;

(4) The City permitted massage therapist provided and/or continues to provide massage in a manner that poses a danger to the health and safety of clients or the public; or

(5) The City permitted massage therapist failed to correct a violation of this chapter after notification from the Director.

(b) On determining that grounds for revocation or suspension exist, the Director shall furnish written notice of the proposed revocation or suspension to the permittee stating the reasons therefor, and serving the notice and a copy of this chapter or any otherwise applicable code sections, upon the permittee, in person or by regular mail. The permittee shall be given an opportunity to appear and meet with the Director contest the proposed decision to suspend or revoke the permit and to show cause why the permit should not be suspended or revoked.

(c) After holding the meeting described in subsection (b) herein, or if the applicant does not request a meeting, upon determining that there are sufficient grounds, the Director shall:

(1) Issue a warning;

(2) Impose reasonable conditions on the permit;

(3) Suspend the permit for a specified period not to exceed six months;

(4) Revoke the permit.

(d) The decision of the Director shall become effective 14 days following the date of service (either by regular mail or personally) upon the applicant of the notice of decision.

(§ 1, Ord. 1162, eff. March 7, 2018)

(a) On or before May 1, 2018, a massage therapist, practitioner, or a City permitted massage therapist shall, prior to performing massage in the City, and annually thereafter, register with the Community and Economic Development Department prior to providing massage services. The registration application shall include, at a minimum, the following information: name, address, telephone number(s), place(s) of employment, whether the applicant intends to engage in "outcall massage" and evidence of certification from the CAMTC or a City issued therapist permit. The massage therapist, practitioner, or a City permitted massage therapist shall notify the Community and Economic Development Department within 10 days of any change in the information provided, except a certified massage therapist or certified massage practitioner shall immediately notify the Community and Economic Development Department if CAMTC suspends or revokes the registrant's certification or takes other disciplinary action against the massage therapist or practitioner.

(b) Prior to any new employee or independent contractor performing massage at a massage establishment, a massage establishment shall provide the Director with an updated list stating the number of massage therapists or practitioners or exempt therapists, performing massage at the establishment, the full name, date of birth, current address, and telephone number of each person who performs or will perform massage at the establishment, the identification number and expiration date of each therapist's CAMTC certificate or City issued massage therapists permit.

(§ 1, Ord. 1162, eff. March 7, 2018)