National City Municipal Code Ch. 10.79 Massage Establishments

This chapter may be referred to as the National City massage establishment ordinance. Issuance and administration of permits is governed by Chapter 10.70.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

It is the purpose and intent of this chapter to provide for the orderly regulation of a massage establishment business in the city in order to protect the public health, safety, and welfare by promulgating minimum standards for the establishment and operation of those businesses and to prevent the facilitation of prostitution.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

Whenever in this chapter the following words or phrases are used, they shall mean as follows:

A. "California Massage Therapy Council (CAMTC)" means the state organized non-profit organization created to regulate the massage industry set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code, commencing with section 4600.

B. "CAMTC certificate" means a current and valid certificate issued by the California Massage Therapy Council to a massage technician.

C. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

D. "Employee" means any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.

E. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the 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 such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other preparations commonly used in this practice.

F. "Massage establishment" means an establishment where massage is administered.

G. "Massage practitioner," "massage technician," or "technician" means any person, including a holistic health practitioner as defined in subsection O, who gives or administers to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter.

H. "Massage establishment operator" or "operator" means any person, including a holistic health practitioner as defined in subsection O, who operates an establishment to give or administer to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. This includes any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operation, conduct, or activities of a massage establishment.

I. "Massage practitioner certification" means a certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code.

J. "Patron" means any individual that provides financial support to a massage establishment and receives or waits to receive massage therapy services.

K. "Permit" under this chapter means an annual permit to operate a massage establishment as required by this code.

L. "Sexually suggestive advertising" means advertising that depicts any portion of the human body or includes language that would reasonably suggest to prospective clients that services other than those services listed are available.

M. "Sole Proprietorship" means a massage establishment where the owner owns one hundred percent of the business and has one or no other employees or independent contractors.

N. The term "specified anatomical areas" means any of the following areas of the human body: pubic region, human genitals, perineum, anal region, and the areas of the female breasts that include the areola and the nipple.

O. "Holistic health practitioner" means a non-medical or other health care therapist who uses acupressure (excluding "acupuncture") or a massage specialty and therapeutic approach in caring for clients, and who is not licensed by the state of California.

P. "Visitor" means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or government officials performing governmental business.

Q. "Working directly under the supervision" means that the person is an employee of the licensed person, is working at the same location as the licensed person, has his or her work supervised by the licensed person, and that the licensed person is present when the employee is performing massage.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

A. It is unlawful for any person to operate a massage establishment in or upon any premises within the city without first obtaining the permit from the Department of Public Safety as required by this chapter and Chapter 10.70, except as exempted by Section 10.79.170.

B. A massage establishment police regulated permit required by this chapter and Chapter 10.70 shall be valid for one year, coinciding with the city business license effective and expiration dates. Permit renewal shall be made by the applicant within thirty days prior to the expiration of the permit. If an application for renewal of a permit and all required information is not timely received and the permit expires, no right or privilege to continue the massage establishment governed by Chapter 10.79 shall exist.

C. It is unlawful for the operator, owner, or other responsible person, of a massage establishment to employ or otherwise allow a person to perform massage for compensation on the premises, unless that person has a valid massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code and unless that person is identified as an authorized massage practitioner on the permit issued pursuant to this chapter.

D. The owner or operator of a massage establishment shall submit a revised list with the information specified in Section 10.70.030.B.15 to the police department within five business days upon any change to the list.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

A. It is unlawful for any person to perform services as a massage technician without a valid massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code.

B. A massage practitioner certification does not authorize the operation of a massage establishment. Any person or massage technician who desires to operate a massage establishment must apply separately to the city for a permit and a business license.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

No permit to conduct a massage establishment shall be granted unless an inspection by the chief of police or designee and the county health officer and the fire and building officials demonstrates that the proposed establishment does or will comply with each of the following minimum requirements:

A. A recognizable and legible sign is posted at the main entrance identifying the premises as a massage establishment;

B. Minimum lighting of at least forty watts is provided in accordance with the building code of the city;

C. Minimum ventilation is provided in accordance with the building code of the city;

D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage is provided;

E. Hot and cold running water is provided at all times;

F. Closed cabinets are provided, which cabinets shall be utilized for the storage of clean linen;

G. Adequate dressing, locker, and toilet facilities are provided for patrons. A minimum of one dressing room containing a separate locker for each person to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided by every massage establishment;

H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wooden surfaces must be painted with a washable, mold resistant paint. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms must be thoroughly cleaned and disinfected each day the business is in operation with a disinfectant approved by the health department. Bathtubs must be thoroughly cleaned and disinfected after each use with a disinfectant approved by the health department; and

I. A minimum of one separate wash basin is provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and is located within or as close as practicable to the area devoted to the performing of massage services. In addition, there must be provided at each washbasin sanitary towels placed in permanently installed dispensers.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

No person, association, partnership, or corporation may 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. Massage operations may only be carried on, and the premises may only be open, between the hours of 10:00 a.m. and 10:00 p.m.

B. 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 service shall be described in readily understandable language in English and may also then be described in any other language. No owner, operator, responsible managing employee, manager, permittee, or licensee in charge of or in control of the massage establishment shall permit and no massage technician shall offer or perform, any service other than those posted.

C. It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this chapter.

D. The massage establishment business tax license, massage establishment permit, and a copy of the CAMTC certification of each and every massage technician employed by or working in the establishment must be displayed in an open and conspicuous public place on the premises.

E. Hot and cold running water under pressure shall be provided to all washbasins, bathtubs, showers, and similar equipment. Each washbasin 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.

F. 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 laundered. 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.

G. Disinfecting agents and sterilizing equipment shall be available for any instruments used in performing any massage. Instruments will be disinfected or sterilized after each use.

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

I. Each establishment shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron's specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned.

J. No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection (I).

K. With the exception of bathrooms or dressing rooms not open to public view, no person or persons shall be permitted in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless the specified anatomical areas of all persons within that area are fully covered.

L. It is unlawful for an owner, operator, responsible managing employee, manager, permittee in charge of or in control of a massage establishment to permit any massage technician to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the massage technician is dressed in a manner that does not violate paragraph (10) of subdivision (a) of Section 4609 of the California Business and Professions Code.

M. Any person performing services as a massage technician must wear a visible CAMTC identification card and have a copy of their driver's license or any other photo identification card issued by a state or federal agency readily available for inspection by city or county investigating officials.

N. An operator or owner must be on the business premises at all times during hours of operation of the business.

O. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by the chief of police or designee, or may be used by any massage practitioner or operator as records of service provided, but may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.

P. Persons of a massage establishment outside the waiting area shall be a patron, employee, or the massage establishment owner or operator.

Q. Visitors shall only be permitted in the waiting area; however, the following exceptions may apply:

a. The parent or guardian of a patron who is a minor may be present in the massage therapy room with that minor;

b. The minor of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the minor; or

c. The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.

R. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

S. All signs shall be in accordance with the current ordinances of the city of National City.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

In addition to the conduct/activities, items, and/or substances prohibited by federal and state laws, the following conduct is prohibited at massage establishments:

A. The sale, service, or consumption of alcohol or marijuana; and

B. Operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this chapter; and

C. The employment of a person lacking state certification as a receptionist without prior notification and approval by the license authority; and

D. Continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage establishment permit application; and

E. Audio and/or video recording of, or monitoring of, the patron, the massage therapist, or the massage therapy, without the prior written consent of the patron; and

F. Residing in or at the massage establishment by any person including but not limited to the operator, owner, responsible person, or employee of the massage establishment; and

G. Advertising or marketing illegal activity, advertising or marketing sexually suggestive content related to massage therapy or in the promotion of the massage establishment; and

H. Use or possession of adult-oriented merchandise, including "sex toys" and/or condoms, in any part of a massage establishment; and

I. Any sexual activity at a massage establishment; and

J. No owner, operator, responsible managing employee, manager, permittee, or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of a massage technician.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

It is unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, massage, for any form of consideration, in any hotel room, motel room, guesthouse or other place of public accommodation. This section shall not be construed to prohibit:

A. Maintaining a licensed massage establishment upon the premises of a place of public accommodation; or

B. The holder of a massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code from giving or administering massages within hospitals, convalescent centers, rest homes, offices, or the private home of a patron. For the purposes of this section, offices and private homes shall not include hotel rooms, motel rooms, or guest houses.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the described activities in the chapter were established before or after the effective date of this chapter. Any existing massage technician who performs massage and any massage establishment that employs or utilizes persons to perform massage within the jurisdiction of the city, that operates with a valid and current business license issued by the city and all other necessary approvals issued prior to the effective date of any amended regulations in this chapter or Chapter 10.70, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations, must be in full compliance with Chapters 10.70 and 10.79 no later than sixty days following the effective date of any new regulations.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

This chapter shall not apply to:

A. Physicians, surgeons, chiropractors, osteopaths, nurses, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other health care professionals who are duly licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code and persons working directly under the supervision of such licensed persons;

B. A trainer of any duly constituted amateur, semi-professional, or professional athlete or athletic team who administers massage in the normal course of training duties to the team or athlete and trainers in conjunction with a specific athletic event such as an outdoor road or bike race;

C. Barbers, beauticians, cosmetologists, estheticians, and other persons duly licensed to practice any healing art under the laws of the state who administer a massage incidental to a barber or beauty service provided in the normal performance of their profession, and who perform massages only on the neck, face, and/or scalp of the customers. This exemption shall apply only if massage is provided from a fixed and permanent location of business;

D. Therapeutic massage administered in or under the auspices of any health facility, hospital, nursing homes, sanitariums, or other establishment duly licensed under California statutes in which the above-described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision;

E. Any bona fide personal fitness training centers, gymnasiums, athletic facilities or health clubs which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

The city, county, or any investigating official shall have the right to enter the premises of the massage establishment from time to time during regular business hours to conduct reasonable inspections to enforce compliance with this chapter, Chapter 10.70, and with building, fire, electrical, plumbing, and/or state and local health and safety regulations.

No person shall refuse to permit or interfere with a lawful inspection of the massage establishment by city or county investigating officials.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)

Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter, Chapter 10.70 and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law, including as provided in Chapter 10.70.

(Ord. No. 2019-2454, § 8, 1-22-2019; Ord. No. 2023-2524, § 2 (Att. A), 11-21-2023)