Chapter 8.44 — MASSAGE ORDINANCE

"CAMTC" refers to the California Massage Therapy Council pursuant to Section 4600 et. seq. of the California Business and Professions Code.

"Massage" or "massage therapy" means the manipulation of soft body tissues. Massage therapy does not include any service or procedure for which a license to practice medicine, chiropractic, physical therapy, acupuncture, or podiatry is required by law.

"Massage and/or bodywork establishment" means any individual, business, firm, association, partnership, sole proprietor, corporation, or combination thereof that engages in, conducts, carries on or permits to be engaged in massage therapy. Massage establishments shall include businesses where massage therapy is provided as an accessory service such as gyms, day spas and professional offices.

"Massage professional" shall mean any person who administers massage and/or bodywork services to another person who is employed or retained by a massage and/or bodywork establishment.

"Owner" means any living person or persons, firm, joint venture, association, co-partnership, limited partnership, general partnership, corporation, or any combination thereof, who has any interest, legal or equitable, in any massage and/or bodywork establishment.

(Ord. No. 2024-05, Att.)

No massage and/or bodywork establishment shall engage in, conduct, or permit any massage and/or bodywork at or on behalf of the massage and/or bodywork establishment unless all of the following requirements are met:

A.

Except when permitted in writing, massages and/or bodywork shall be given only between the hours of seven a.m. and ten p.m. A massage and/or bodywork commenced prior to ten p.m. must terminate at ten p.m., and in the case of a massage and/or bodywork establishment, all clients shall exit the premises at that time.

B.

Massage and/or bodywork establishments shall not employ or retain any person under eighteen (18) years of age to perform any massage service.

C.

Massages and/or bodywork shall not be provided by any person not certified by the CAMTC unless the individual has a valid, approved background investigation on file with the Orland police department.

D.

A massage and/or bodywork professional shall operate only under the name provided to the Orland police department for the background check and as shown on their CAMTC certificate. A massage and/or bodywork establishment shall operate only under the name specified on its business license.

(Ord. No. 2024-05, Att.)

A.

Massage and/or bodywork establishments shall be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client.

B.

All instruments used in massage and/or bodywork shall be maintained in a clean and sanitary condition. Instruments utilized in providing massage and/or bodywork shall not be used on more than one client unless they have been sterilized or sanitized.

C.

Equipment shall be cleaned and wiped between each client.

(Ord. No. 2024-05, Att.)

A.

No more than thirty-three (33) percent of the square footage of the windows and clear doors of a massage and/or bodywork establishment shall bear advertising or signs of any sort.

B.

All light-emitting signs on the massage establishment premises shall be illuminated only during the hours of operation. All light-emitting signs shall be turned off no later than ten p.m.

(Ord. No. 2024-05, Att.)

This chapter shall not apply to the following:

A.

Barbers or cosmetologists operating barbering or cosmetology businesses pursuant to the applicable license or certificate issued by the state;

B.

Athletic clubs, if the massage therapy services are provided at the athletic facility or events only;

C.

Hospitals, nursing homes, chiropractic facilities, and other state-licensed health care facilities;

D.

Recognized schools of massage therapy shall be exempt from the CAMTC certification requirement stated in Section 8.44.020 of this chapter; or

E.

Massage professionals practicing at existing massage establishments as of the date of the adoption of this chapter shall be exempt from the CAMTC certification requirement stated in Section 8.44.020 of this chapter.

(Ord. No. 2024-05, Att.)

A.

For the sole purpose of inspecting and verifying compliance with this chapter and otherwise facilitating the functions of this chapter, the city manager, or his/her designee, and/or the Orland police chief, or his/her

designee, is authorized to enter massage and/or bodywork establishments to conduct administrative inspections thereof, and of the things specified in this section, relevant to those functions.

B.

Prior to inspection, city personnel shall inform those present at the massage and/or bodywork establishment that inspection is made pursuant to this chapter.

(Ord. No. 2024-05, Att.)

A.

For the purpose of enforcing the requirements of this chapter, the owner shall be responsible for the conduct of all massage and/or bodywork establishment professionals, employees, agents, independent contractors, or other representatives, while such persons are on the premises of the massage and/or bodywork establishment or providing out-call massage services on behalf of the massage and/or bodywork establishment.

B.

A violation of any provision of this chapter constitutes a public nuisance.

C.

Shall unlawful activity occur or evidence be presented at a massage and/or bodywork establishment, Orland police department are permitted to intervene and investigate.

(Ord. No. 2024-05, Att.)