Monterey County Municipal Code Ch. 11.25 Massage Business and Massage Technicians

This Chapter may be cited as the Monterey County Massage Business and Massage Technicians Regulatory Ordinance.

(Ord. 2911, 1983)

It is the purpose and intent of this Chapter to provide for the orderly regulation of the business of massage and massage technicians in the County of Monterey by establishing certain minimum standards for the conduct of this type of business to protect the public health and welfare of the residents of the County of Monterey.

This ordinance is adopted pursuant to Chapter 6, Part I of Division I of Title 5 (Sections 51030 through 51034 of the California Government Code).

(Ord. 2911, 1983)

Whenever used in this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.

A. "Massage" shall mean 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 other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage.

B. "Massage establishment" shall mean any establishment having a fixed place of business where any individual, firm, association, partnership or corporation, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for any form of consideration whatsoever, "massages" as defined in Subsection A.

C. "Off-premises massage" shall mean the activity of providing massage services for any form of consideration whatsoever, at a location other than premises licensed as a massage establishment.

D. "Massage technician" shall mean any person who gives or administers to another person, for any form of consideration whatsoever, a "massage" as defined in Subsection A.

E. "License" shall mean the business license to operate a massage establishment or off-premises massage business required by this Chapter.

F. "Permit" shall mean the permit to engage in the activities of a massage technician required by this Chapter.

(Ord. 2911, 1983)

It shall be unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the County of Monterey, the operation of a "massage establishment" as herein defined, without a license issued pursuant to the provisions of this Chapter for each and every such massage establishment. The license required hereby shall be in addition to any business license tax required by this Code.

(Ord. 2911, 1983)

A. Any person, association, partnership or corporation desiring to obtain a license to operate a massage establishment shall make an application to the Sheriff or his or her designated representative. A non-refundable application fee shall accompany the submission of each application to defray the cost of investigation, inspection, and enforcement of this Chapter. Existing licensees shall pay an annual non-refundable renewal fee. The amount of the application fee and the renewal fee shall be set forth in the Monterey County Fee Resolution.

B. Each applicant for a license to operate a massage establishment shall furnish the following information to the Sheriff.

1. The full true name and any other names used by the applicant.

2. The present address and telephone number of the applicant.

3. The proposed name and address of the massage establishment.

4. Each residence and business address of applicant for the three years immediately preceding the date of the application, and the inclusive dates of applicants use of each such address.

5. Written proof that the applicant is at least eighteen (18) years of age.

6. Applicants height, weight, color of eyes and hair.

7. Two photographs of applicant at least two inches by two inches taken within the six months immediately preceding the date of application. One photograph shall be retained by the Sheriff and one photograph shall be affixed to the license.

8. Applicants business, occupation and employment history for the three years immediately preceding the date of application.

9. The business license or permit history of the applicant: whether such applicant has ever had any license or permit issued by any agency, board, city, county, or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.

10. All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions.

11. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this Section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this division, but only one application fee shall be charged.

12. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement.

13. Such other identification and information as may be required in order to discover the truth of the matters herein required to be set forth in the application.

14. The Sheriff may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

C. The Sheriff shall have a reasonable time, not to exceed thirty (30) days, in which to investigate the application and background of the application.

D. A license shall be issued within thirty (30) days of receipt of the application to any applicant who has furnished all of the information required by this Section in the application for such license, provided:

1. The applicant has not knowingly made a material false statement in the application for the license;

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent or more of the corporations stock, or partners, has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses:

Section 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the Sheriff under Penal Code Section 290; any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or any offense in another state which, if committed in this State would have been punishable as one or more of the heretofore mentioned offenses;

3. The massage establishment as proposed by the applicant would comply with all applicable laws including but not limited to, health, zoning, fire and safety requirements and standards;

4. The applicant is at least eighteen (18) years of age; and

5. The applicant has fulfilled the requirements of Subsections A through J of Section 11.25.120.

(Ord. 3894, 1996; Ord. 2911, 1983)

It shall be unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted, or carried on, any off-premises massage business within the County of Monterey without a license issued pursuant to the provisions of this Chapter for each and every such massage business. The license required hereby shall be in addition to any business license tax required by this Code.

(Ord. 2911, 1983)

A. Any person desiring to obtain a license to obtain a license to conduct an off-premises massage business shall make an application to the Sheriff, or his or her designated representative. An annual non-refundable fee shall accompany the submission of each application to defray, in part, the cost of investigation and examination as required by this Chapter. The amount of the annual non-refundable fee and renewal fee shall be set forth in the Monterey County Fee Resolution.

B. Each applicant for a license to conduct an off-premises massage business shall furnish to the Sheriff all the information required by Section 11.25.050B1 through 11.25.050B14.

C. The Sheriff shall have a reasonable time, not to exceed thirty (30) days, in which to investigate the application and background of the applicant.

D. A license shall be issued within thirty (30) days of receipt of the application to any applicant who has furnished all of the information required by this Division in the application for such license, provided:

1. The applicant has not knowingly made a material false statement in the application for the license;

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent or more of the corporations stock, or partners, has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses:

Section 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the Sheriff under Penal Code Section 290; any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or any offense in another state which, if committed in this State would have been punishable as one or more of the heretofore mentioned offenses;

3. The applicant is at least eighteen (18) years of age.

E. Off-premises massage operations shall be carried on only between the hours of seven a.m. and two a.m.

F. Each off-premises massage business shall have at least one massage technician in its employ who is certificated pursuant to the provisions of Section 11.25.090B.12, notwithstanding any provisions to the contrary contained in Section 11.25.090D.5.

(Ord. 4188 § 7, 2003; Ord. 2911, 1983)

It shall be unlawful for any person to engage in the business of acting or act as a massage technician without a permit issued pursuant to the provisions of this Chapter.

(Ord. 2911, 1983)

A. Any person desiring to obtain a permit to act as a massage technician shall make an application to the Sheriff, or his or her designated representative. An annual non-refundable fee shall accompany the submission of each application to defray, in part, the cost of investigation and examination as required by this Chapter. The annual non-refundable fee and renewal fee shall be set forth in the Monterey County Fee Resolution.

B. Each applicant for a permit to act as a massage technician shall furnish the following inform to the Sheriff:

1. The full true name and any other names used by the applicant.

2. The present address and telephone number of the applicant.

3. Each residence and business address of applicant for the three years immediately preceding the date of the application, and the inclusive dates of the applicants use of each such address.

4. Written proof that the applicant is at least eighteen (18) years of age.

5. Applicant's height, weight, color of eyes and hair.

6. Two photographs of applicant at least two inches by two inches taken within six months immediately preceding the date of application. One photograph shall be retained by the Sheriff and one photograph shall be affixed to the permit.

7. Applicant's business, occupation and employment history for the three years immediately preceding the date of application.

8. The business license or permit history of the applicant: whether such applicant has ever had any license or permit issued by any agency, board, city, county, or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.

9. All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions.

10. The massage establishment, if any, at which the applicant expects to be employed.

11. A certificate from a medical doctor, licensed to practice in the State of California, stating that the applicant has within thirty (30) days immediately preceding the date of application been examined and had no communicable disease on the date of the examination.

12. Proof of graduation from a school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a residence course study of not less than one hundred (100) hours to be given in not more than three calendar months before the student shall be furnished a diploma or certificate of graduation from such school or institution of learning, following the successful completion or such course of study or learning, and which school is licensed and approved by the State Superintendent of Public Instruction pursuant to the California Education Code, Section 94300 et seq.

13. Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.

14. The Sheriff may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

C. The Sheriff shall have a reasonable time, not to exceed thirty (30) days, in which to investigate the application and background of the applicant.

D. A permit shall be issued within thirty (30) days of receipt of the application to any applicant who has furnished all of the information required by this Section in the application for such permit, provided:

1. The applicant has not knowingly made a material false statement in the application for the permit;

2. The applicant has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses:

Section 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the Sheriff under Penal Code Section 290; any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or any offense in another state which, if committed in this State would have been punishable as one or more of the heretofore mentioned offenses;

3. The applicant is at least eighteen (18) years of age;

4. The applicant has furnished an acceptable medical certificate in compliance with this Section; and

5. The applicant has furnished proof of graduation from a school of massage as provided in this Section. This requirement shall not apply to any person who had been acting or employed as a massage technician in the County of Monterey on a full-time basis for one year or on a part-time basis for three years, or anywhere else on a full-time basis for three years, immediately preceding the date of adoption of this ordinance, provided satisfactory proof of such employment can be established.

E. A permit to act as a massage technician does not authorize the operation of a massage establishment. Any person obtaining a permit to act as a massage technician who desires to operate a massage establishment must separately apply for a license therefor. A person who applies for a license to operate a massage establishment and who desires to act as a massage technician within said establishment and who pays the fee required by Section 11.25.050 of this Chapter shall not be required to pay the fee required by this Section.

(Ord. 4188 § 8, 2003; Ord. 2911, 1983)

This Chapter shall not apply to the following while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California.

B. Nurses who are registered as such under the laws of the State of California.

C. Barbershops and beauty parlors, barbers and beauticians who are duly licensed under the laws of the State of California, provided that such massage is limited to the face and scalp.

D. Trainers of any amateur, semiprofessional or professional athlete or athletic team.

E. Accredited high schools and colleges, and coaches and trainers therein while acting within the scope of their employment.

F. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California.

(Ord. 2911, 1983)

All persons operating or employed as massage technicians at the time this ordinance becomes effective shall obtain a massage technician permit within ninety (90) days of the effective date of this ordinance.

(Ord. 2911, 1983)

No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a massage establishment unless each and all of the following requirements are met:

A. Each person employed or acting as a massage technician shall have a valid permit issued pursuant to the provisions of this Division, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment to employ or permit any person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit.

B. The possession of a valid massage establishment business license does not authorize the possessor to perform work for which a massage technician permit is required.

C. Each massage establishment shall have at least one massage technician in its employ who is certificated pursuant to the provisions of Section 11.25.090B12, notwithstanding any provisions to the contrary contained in Section 11.25.090D5.

D. Massage operations shall be carried on, and the premises shall be open only between the hours of seven a.m. and two a.m.

E. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable language. No owner, operator, responsible managing employee, manager, or permittee in charge of, or in control of, the massage establishment, shall permit, and no massage technician shall offer to perform, any services other than those posted.

F. The massage establishment business license and a copy of the permit of each and every massage technician employed or working in the establishment shall be displayed in an open and conspicuous public place on the premises.

G. A minimum of one tub or shower and one toilet and wash basin shall be provided for the patrons in every massage establishment. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent; and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

H. Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted and reuse is prohibited unless they have been first relaundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person, then discarded into a sanitary receptacle.

I. Disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof shall be provided for any instruments used in performing any massage. Instruments shall be disinfected after use on each patron.

J. Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other leakproof material.

K. All employees shall wear nontransparent outer garments, covering the sexual and genital areas.

L. No massage establishment granted a license under the provisions of this Chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.

M. It shall be unlawful for any licensee or permittee, while in the presence of any other person in a massage parlor, to knowingly fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.

N. No person shall knowingly sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment.

O. No persons shall enter, be or remain, in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, or manager shall not permit any such person to enter or remain upon such premises.

P. It shall be unlawful and a misdemeanor for any person owning, operating or managing a massage parlor, knowingly to cause, allow or permit in or about such massage parlor, any agent, employee, or any other person under his or her control or supervision, or any employee to perform any acts prohibited in Subsections A, C, M and N of this Section.

Q. It shall be unlawful and an infraction for any person owning, operating or managing a massage parlor, knowingly to cause, allow or permit in or about such massage parlor, any agent, employee, or any other person under his or her control or supervision, or any employee to perform any acts prohibited in this Section other than those specified in Subsection P.

(Ord. 2911, 1983)

Any person, association, partnership or corporation engaging in, conducting, or carrying on the operation of a "massage establishment" or "off-premises massage business" on the effective date of this ordinance, shall, except as otherwise provided herein, comply with all of the provisions of this ordinance within ninety (90) days of the effective date of this ordinance.

(Ord. 2911, 1983)

No person licensed to do business as herein provided shall operate under any name or conduct his or her business under any designation not specified in his or her license.

(Ord. 2911, 1983)

A change of location of a licensed massage establishment shall be approved by the Sheriff provided all applicable provisions of this Chapter are complied with and a non-refundable change of location fee of fifteen dollars ($15.00) has been paid to the Sheriff; and the Health Department and the Department of Building Inspection have inspected the new location and have advised the Sheriff that it complies with the requirements of this Chapter.

(Ord. 2911, 1983)

Upon the sale or transfer of any interest in a massage establishment or off-premises massage business including, in the case of a corporate owner, the sale or transfer of stock to a person who would hold more than five percent of the stock of the corporation, any license heretofore issued for such establishment or business shall be null and void. A new application shall be made in accordance with and subject to all the provisions of Section 11.25.050 by any person, firm, or entity desiring to own or operate the massage establishment or off-premises massage business. The application shall be accompanied by payment of the respective annual non-refundable fees specified in Section 11.25.050 or 11.25.070, in addition to the payment of a sale or transfer fee of twenty dollars ($20.00).

Any such sale or transfer or any interest in any existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment shall require inspection and shall require compliance with Subsections A through J of Section 11.25.120.

(Ord. 2911, 1983)

The Sheriff's Department and Health Department shall make reasonable and periodic inspections of the foyer, hallways, restrooms, and other areas used or intended for use in common by customers, unoccupied rooms in which massages are given, and unoccupied rooms of each and every massage establishment in the County of Monterey during hours of business operation for the purpose of determining that there is compliance with the provisions of this Chapter and the laws of the State of California.

(Ord. 2911, 1983)

In the event that any person holding a license or permit issued pursuant to this Division shall violate or cause or permit to be violated any of the provisions of this Chapter, or any provisions of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, or is convicted of any of those crimes contained in Section 11.25.050D2, the Sheriff may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit after the licensee or permittee has been given the opportunity for a hearing as described in Section 11.25.190.

(Ord. 2911, 1983)

Any person who has been denied a license or permit, or any person whose license or permit issued pursuant to this Chapter has been suspended or revoked, may request a hearing. The request for a hearing must be in writing and must be made within ten (10) calendar days from the date of the decision denying, suspending or revoking the license or permit. Said written request for a hearing shall be filed with the County Administrative Officer. Upon receiving a written request for a hearing, the Administrative Officer or his or her designee shall call a hearing within thirty (30) calendar days after the filing of the request for hearing and shall set forth in writing and send to the applicant, licensee or permittee by means of registered mail, certified mail or hand delivery, notice of the date, time and place of the hearing at least five days before the hearing date.

The hearing shall be conducted to determine existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The hearing shall be conducted by a hearing officer, appointed by the County Administrative Officer or his or her designee. The applicant, licensee or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant, licensee or permittee, or counsel representing the applicant, licensee or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for denial, suspension or revocation of the license or permit shall be considered unrebutted.

The applicant and the appointing authority shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him or her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the applicant. At the conclusion of the hearing, the hearing officer shall prepare a summary record of the proceedings and prepare recommended findings, conclusions and decision. The hearing officer shall submit a copy of said record of findings, conclusions and decision to the board of supervisors. Within thirty (30) days after the filing of the record and recommended findings, conclusions and decision of the hearing officer with the Board, the Board shall adopt such recommended findings, conclusions and decision, or shall reject the recommendations of the hearing officer and adopt its own findings, conclusions and decision after a review of the record. The decision of the Board shall be final.

(Ord. 2911, 1983)

The effect of a decision by the hearing officer shall be stayed while the hearing officers findings are reviewed by the Board of Supervisors.

(Ord. 2911, 1983)