Article IX — MASSAGE

SEC. 11-232. DEFINITIONS.

For the purpose of this article, the following words shall have the following meanings:

(A) APPLICANT - A person who is required to file an application for a massage business or establishment permit or a massage technician permit.

(B) APPROVED SCHOOL - A facility that teaches the theory, ethics, practice, profession, and work of massage therapy and that is approved by any of the following:

(1) The Bureau for Private Postsecondary and Vocational Education pursuant to former Cal. Education Code, Section 94739 prior to July 1, 2007, and as of the

date on which an applicant successfully completed a minimum of 250 hours of supervised, in-class instruction;

(2) The Department of Consumer Affairs;

(3) An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges

of the Western Association of Schools and Colleges and that is one of the following:

(a) A public institution;

(b) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Cal. Corporations Code, Title 1, Division 2, Part 2

(commencing with Section 5110) and that is not managed by any entity for profit;

(c) A for-profit institution.

(4) A college or university of the state higher education system, as defined in Cal. Education Code, Section 100850;

(5) A school of equal or greater training that is approved by the corresponding agency in another state or territory of the United States or accredited by an agency

recognized by the United States Department of Education.

The term APPROVED SCHOOL shall not include a school or institution of learning offering or allowing correspondence courses not requiring actual attendance at classes.

(C) COMPENSATION - The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

(D) LICENSE COLLECTOR - The police chief or designee.

(E) MASSAGE or MASSAGE THERAPY - The application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance.

(F) MASSAGE BUSINESS or ESTABLISHMENT - Any business or establishment which offers massage or massage therapy in exchange for compensation at a fixed place of business, including any business or establishment which offers any combination of massage or massage therapy and bath facilities, including but not limited to showers, baths, wet and dry heat rooms, steam rooms, pools, and hot tubs.

(G) MASSAGE PRACTITIONER - Any person to whom a massage therapy certificate has been issued pursuant to Cal. Business and Professions Code, Section 4601, subdivision (b), paragraph (1) and who is engaged in the practice of massage therapy for compensation.

(H) MASSAGE TECHNICIAN - A person to whom a massage technician permit has been issued by the city's license collector.

(I) MASSAGE THERAPIST - Any person to whom a massage therapy certificate has been issued pursuant to Cal. Business and Professions Code, Section 4601, subdivision (c) and who is engaged in the practice of massage therapy for compensation.

(J) MASSAGE THERAPY CERTIFICATE - A certificate issued by the California Massage Therapy Council pursuant to Cal. Business and Professions Code, Section 4601, subsection (a).

(K) PERMITTEE - A person to whom a massage business or establishment permit or a massage technician permit has been issued by the city's license collector.

(Ord. No. 2811, 2823, 2851, 2977, 3052)

SEC. 11-233. MASSAGE THERAPY CERTIFICATE REQUIRED; RENEWAL OF MASSAGE ESTABLISHMENT AND TECHNICIAN PERMITS; TECHNICIAN IDENTIFICATION BADGES REQUIRED; FEES.

(A) No person shall perform massage or massage therapy without a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code,

(B) No person shall operate a massage business or establishment or allow a massage business or establishment to operate unless each person who performs massage or massage therapy at that business or establishment has a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601.

(1) Any owner or operator of a massage business or establishment who owns 5% or more of the massage business or establishment and who does not hold a valid

massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601, shall submit an application for a background check to the license collector. Fees for background checks shall be established by resolution of the city council.

(2) An application for a background check pursuant to paragraph (1) of subdivision (B) of this section shall contain the following information:

(a) The applicant's full legal name and any name used by the applicant at any other time;

(b) The applicant's date of birth;

(c) The name and telephone number of the massage business or establishment and the street address where the massage business or establishment is to be

conducted;

(d) The applicant's occupation;

(e) The employment history, with dates of employment, of the applicant for the five years preceding the date of the application;

(f) The name and address of any massage business or establishment or other similar establishment owned or operated by the applicant; and

(g) The applicant's fingerprints.

(C) Notwithstanding subdivision (A) of this section, any person who holds a valid massage technician permit as of January 1, 2012, may operate as a massage technician until such permit expires. If such permit expires before December 31, 2012, the permittee may file an application with the license collector to renew the permit, which shall expire on December 31, 2012. Fees to renew such permits shall be established by resolution of the city council.

(D) Notwithstanding subdivision (B) of this section, any person who holds a valid massage establishment permit as of January 1, 2012, may operate a massage business until such permit expires. If such permit expires before December 31, 2012, the permittee may file an application with the license collector to renew the permit, which shall expire on December 31, 2012. Fees to renew such permits shall be established by resolution of the city council.

(E) If a permittee holds a valid massage technician permit for more than one location as of January 1, 2012, the permittee must renew any permit that expires before December 31, 2012, pursuant to subdivision (C) of this section for any location where the permittee intends to provide massage therapy until such renewed permit expires.

(F) While providing any massage therapy, all massage technicians shall display in a visible location in an area between the shoulder and the waist on the front of outer clothing worn by the massage technician an identification badge issued by the license collector.

(Ord. No. 2811, 2851)

SEC. 11-234. EXEMPTIONS.

Section 11-233 of this code shall not apply to the following:

(A) Persons holding a valid certificate to practice the healing arts under the laws of the State of California, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses.

(B) Barbers and cosmetologists who are licensed under the laws of the State of California while providing massage therapy within the scope of their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, lower limbs up to the knees, hands, and arms of their patrons.

(Ord. No. 2811, 2823, 2851)

SEC. 11-235. [RESERVED].

SEC. 11-236. [RESERVED].

Editor’s note:

Sections 11-235 and 11-236 were repealed by pt. 9 and 10 of Ord. No. 2851, adopted 12-13-2011.

The sections related to qualifications for massage technician and establishment permits and were both derived from Ord. No. 2811 and 2823.

SEC. 11-237. BUSINESS TAX CERTIFICATE REQUIRED; DENIAL, REVOCATION, RESTRICTION, OR SUSPENSION OF BUSINESS TAX CERTIFICATE.

(A) The owner and/or operator of any massage business or establishment described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and the permittee of any massage business or establishment shall obtain a city business tax certificate pursuant to Article I of Chapter 11 of this code.

(B) Any massage technician who provides massage therapy at a location away from a massage business or establishment shall obtain a city business tax certificate pursuant to Article I of Chapter 11 of this code when such massage therapy is not provided at the direction of and on behalf of a massage business or establishment that has been issued a business tax certificate as set forth is subdivision (A) above.

(C) Notwithstanding any provision set forth in Article I of Chapter 11 of this code, the city may:

(1) In the application for a business tax certificate or for the renewal of a business tax certificate, require the massage business or establishment or any permittee

to provide relevant information of the activities of the business or establishment regulated by this article;

(2) Make reasonable investigations into the information so provided;

(3) Charge a business tax certificate fee sufficient to cover the costs of the business tax activities regulated by this article; and

(4) Deny, revoke, restrict, or suspend a business tax certificate for any of the following causes:

(a) An employee, agent, independent contractor, or other representative of the business or establishment or of the permittee has committed a violation of this

article;

(b) An employee, agent, independent contractor, or other representative of the business or establishment has committed a violation of Cal. Business and

Professions Code, Chapter 10.5, Division 2 (commencing with Section 4600); or

(c) The business or establishment or the permittee has provided materially false information in the application for a business tax certificate.

(Ord. No. 2811, 2838)

SEC. 11-238. REGISTRATION AND NOTIFICATION REQUIREMENTS.

(A) Every massage business or establishment as defined in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) shall provide to the license collector a copy or other evidence of the massage therapy certificate of every person who provides massage therapy at the business or establishment prior to the commencement of massage therapy services by such person and shall maintain at the business or establishment a copy or other evidence of each such massage therapy certificate for review by local authorities.

(B) Every massage business or establishment as defined in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and every permittee of a massage business or establishment shall notify the license collector of any intention to rename, change management, or convey the business or establishment to another person within 15 days of such change.

(C) Every permittee of a massage business or establishment shall comply with the following requirements:

(1) Notify the license collector when the owner of the business or establishment sells or transfers the entire business or establishment to another person or when

the owner of the business or establishment sells or transfers a portion of the business or establishment to another person.

(2) Provide to the license collector the names of all persons who will act as manager of the massage business or establishment prior to the commencement of

massage therapy services at said massage business or establishment.

(D) Every massage technician shall notify the license collector of a change in the permittee's home address or the address of the massage business or establishment where the permittee regularly provides massage therapy services within ten days of such change.

(Ord. No. 2811, 2823)

SEC. 11-239. HOURS OF OPERATION.

(A) Any massage technician whose permit is issued on or after the effective date of this article, and any massage business or establishment owned and/or operated by a permittee whose permit is issued on or after the effective date of this article, shall only provide massage therapy between the hours of 8:00 a.m. and 8:00 p.m.

(B) Upon renewal of a massage technician permit or upon renewal of a massage establishment permit, massage therapy shall only be provided between the hours of 8:00 a.m. and 8:00 p.m.

(Ord. No. 2811, 2823)

SEC. 11-240. PROHIBITED ADVERTISING PRACTICES.

(A) No massage business or establishment owned and/or operated by a permittee shall state, advertise, put out any sign, card, or other device, or represent to the public through any print or electronic media that a person who provides massage therapy at that business or establishment is certified, registered, or licensed as a "massage therapist" or "massage practitioner" if that person does not possess a valid massage therapy certificate.

(B) No massage business or establishment owned and/or operated by a permittee and no massage technician shall advertise through any print or electronic media that appears to be for adults only based on its classification, other advertising contained therein, words used within, or title.

(Ord. No. 2811)

SEC. 11-241. MINORS.

It shall be unlawful for any massage business or establishment owned and/or operated by a permittee to employ any persons under 18 years of age or to provide massage therapy to any person under 18 years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of said minor.

(Ord. No. 2811, 2851)

SEC. 11-242. PHYSICAL FACILITY AND BUILDING CODE REQUIREMENTS - STATE CERTIFIED MASSAGE BUSINESSES OR ESTABLISHMENTS.

The following facility requirements shall be applicable to all massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1):

(A) Separate, enclosed rooms or cubicles to provide individual space and privacy shall be provided to each customer while massage therapy is administered. Each massage room or cubicle shall contain a wash basin with hot and cold running water, soap or detergent, and a sanitary towel dispenser for use by the massage practitioner, massage therapist, or massage technician.

(B) Except where there is no staff available to assure security for massage therapy customers and massage staff who are behind closed doors, no massage therapy may be administered behind locked, closed doors.

(C) Minimum lighting in accordance with the city building code and at least one additional artificial light of not less than 40 watts shall be provided in each enclosed massage therapy room or cubicle.

(D) Massage tables with a minimum height of 18 inches shall be used for all massage therapy and shall be used only in massage therapy treatment rooms or cubicles. Beds and floor mattresses are not permitted on the premises of the business or establishment.

(E) All locker facilities that are provided for the use of customers shall be fully secured for the protection of the customer's valuables, and the customer shall be given control of the key or other means of access.

(F) Ventilation shall be in accordance with the city building code.

(G) Hot and cold running water and potable drinking water shall be accessible to customers and to staff of the massage business or establishment.

(H) Public toilet facilities shall be provided in accordance with the city building code.

(I) In each enclosed room or cubicle where massage therapy is administered and in the designated reception or payment area, a sign easily visible to customers shall be posted stating: “THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY, COUNTY, AND/OR HEALTH OFFICIALS WITHOUT PRIOR NOTICE.” Such signs shall be printed with letters that contrast against the background material and measure not less than one-half inch in height.

(Ord. No. 2811, 2823, 2851)

SEC. 11-243. PHYSICAL FACILITY AND BUILDING CODE REQUIREMENTS - CITY LICENSED MASSAGE BUSINESSES OR ESTABLISHMENTS.

The following facility requirements shall be applicable to all massage businesses and establishments owned and/or operated by permittees:

(A) All requirements set forth in Sec. 11-242 above, with the exception of subdivision (B).

(B) A readable sign which complies with all applicable code requirements shall be posted at the main entrance identifying the establishment as a massage business or establishment.

(C) A sign identifying the operating hours of the massage business or establishment shall be posted in an open and conspicuous public place at the business or establishment. Customers shall be allowed inside massage businesses or establishments only during posted operating hours.

(D) No person may be inside any massage business or establishment from two hours after the posted closing time until one hour prior to the posted opening time.

(E) A list of available services and the duration and cost of such services shall be posted in an open and conspicuous public place at the business or establishment. No services shall be offered or performed at the business or establishment unless so posted, and no sums shall be charged for services other than those posted.

(F) (1) All arrangements for services to be performed shall be made in a room in the massage business or establishment that is not used for the administration of any available service. No massage technician shall, after the commencement of any service for any customer, advise, suggest, or otherwise indicate to such customer that additional services could be performed. No massage technician shall perform any service for any customer which was not requested by such customer when the initial arrangements for services were made.

(2) After arrangements for services to be performed have been made with any customer as set forth in paragraph (1) of this subdivision and prior to the

commencement of any service for said customer, a written record shall be made containing the following information:

(a) The date and hour of each treatment or service;

(b) The name and address of the customer;

(c) The name of the massage practitioner, massage technician, or massage therapist who administered such treatment or services;

(d) A description of the services requested by the customer when the initial arrangements for services were made.

(3) The written records described in paragraph (2) of this subdivision shall be open to inspection upon demand only by officials charged with enforcement of this article to ensure compliance with this subdivision or any other applicable state or federal laws and shall remain confidential.

(G) If male and female customers are to be served simultaneously at the massage business or establishment, separate bathing, separate massage rooms or cubicles, separate dressing facilities, and separate toilet facilities shall be provided for male and for female customers.

(H) A massage business or establishment shall not be located within 1,000 feet of another massage business or establishment, an adult book store, or an adult movie theater, measured in a straight line from the nearest wall of the massage business or establishment to the nearest wall of the other business. The foregoing sentence does not apply to:

(1) An adult massage business or establishment, which is subject to the locational requirements of Sec.16-337 of this code.

(2) A massage business or establishment that is operated on the same premises as another type of business, other than an adult business, and by the same

persons who operate the other business; that occupies less than 30% of the square footage occupied by both businesses; and that is the source of less than 30% of the annual revenue derived from both businesses.

(I) A manager and/or permittee shall be present at the massage business or establishment at all times during operating hours. The manager and/or permittee shall be familiar with the requirements of this article and be capable of communicating the provisions of this article to employees and customers of the business or establishment.

(J) No massage therapy may be administered within any massage room or cubicle which is fitted with a door capable of being locked. The front door of the massage business or establishment and doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during operating hours and shall not be fitted with electronic locking devices.

(K) No massage business or establishment shall be equipped with any electronic videotaping or audio recording device for monitoring the activities, conversations, or other sounds in said massage business or establishment.

(Ord. No. 2811, 2823)

SEC. 11-244. HEALTH AND SAFETY REQUIREMENTS.

(A) The following health and safety requirements shall be applicable to all massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1):

(1) An adequate supply of clean sanitary towels, coverings, and linens shall be available at all times, and all massage tables shall be covered with a clean sheet or

other clean covering for each customer. After a towel, covering, or linen has been used for one customer, it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings, and linens shall be stored in closed, clean, cabinets when not in use.

(2) All massage therapy rooms or cubicles, wet and dry heat rooms, steam rooms, toilet facilities, shower compartments, hot tubs, and pools shall be thoroughly

cleaned and disinfected as needed and each day the business or establishment is in operation. All bathtubs shall be thoroughly cleaned and disinfected after each use.

(3) All liquids, creams, or other preparations used on or made available to customers shall be kept in clean and closed containers. Powders may be kept in clean

shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a customer, it shall be removed from the container in such a way as not to contaminate the remaining portion.

(4) All bathrobes or other garments that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or

shall be laundered and sanitized after each use.

(5) All footwear such as sandals or flip-flops that are provided for the use of customers shall be either fully disposable and shall not be used by more than one

customer or shall be fully disinfected after each use.

(6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of customers shall be either fully disposable and shall not

be used by more than one customer or shall be fully disinfected after each use.

(7) The customer's genitals, pubic area, anus, and female patron's breasts below a point immediately above the top of the areola must be fully draped at all times

while any employee of the business or establishment is in the massage therapy room or cubicle with the customer. No massage therapy shall be provided to a customer that results in intentional contact or occasional and repetitive contact with the genitals, anus, or areola of a customer.

(B) The following health and safety requirements shall be applicable to all massage businesses and establishments owned and/or operated by permittees:

(1) All requirements set forth in subdivision (A) of this section.

(2) Only one customer and only one massage technician shall be present in the massage room or cubicle from the time the customer enters the massage room or

cubicle until the customer exits the massage room or cubicle.

(3) Notwithstanding any provision set forth in this article, only customers, managers, employees, massage technicians, and permittees shall be permitted in any

massage room or cubicle or any break room or rest area during operating hours.

(Ord. No. 2811, 2823, 2851)

SEC. 11-245. ATTIRE AND PHYSICAL HYGIENE REQUIREMENTS.

The following attire and physical hygiene requirements shall be applicable to all permittees, massage practitioners, and massage therapists who are employed or retained by or who provide massage therapy at a massage business or establishment described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) or at a massage business or establishment owned and/or operated by a permittee:

(A) All persons shall be clean and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid thigh to two inches below the collarbone. The midriff may not be exposed.

(B) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a customer. No massage therapy shall be provided upon a surface of the skin or scalp of a customer where such skin is inflamed, broken (i.e. abraded, cut), or where a skin infection or eruption is present.

(C) No person afflicted with an infection or parasitic infection capable of being transmitted to a customer shall knowingly provide massage therapy to a customer or remain at a massage business or establishment while so infected or infested.

(Ord. No. 2811)

SEC. 11-246. INSPECTIONS.

(A) All massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and all massage businesses and establishments owned and/or operated by permittees shall permit representatives of the health department, police department, fire department, license collector, and/or other city or county departments or agencies to conduct reasonable inspections of the massage business or establishment, from time to time, during regular business hours, to ensure compliance with state and local laws, including but not limited to Cal. Business and Professions Code, Chapter 10.5 (commencing with Section 4600) where applicable, the requirements of this article, and/or other applicable fire, health, and safety requirements.

(B) Nothing in this section shall be deemed to prohibit the above described government officials from pursuing any and all available legal remedies to secure entry into and inspection of the business or establishment if such entry is refused or for any other reason allowed by law.

(C) It is a violation of this article for the business or establishment to prohibit or interfere with such lawful inspection of the business or establishment at any time it is open for business.

(Ord. No. 2811, 2823, 2851)

SEC. 11-247. OWNER AND/OR OPERATOR RESPONSIBILITY.

The permittee of any massage business or establishment shall be responsible for the conduct of all employees, agents, independent contractors, or other representatives of the business or establishment while such persons are on the premises of the business or establishment.

(Ord. No. 2811, 2851)

SEC. 11-248. PERSONS USING ALCOHOL OR DRUGS PROHIBITED.

A person shall not enter, be or remain in any part of a massage business or establishment owned and/or operated by a permittee while in the possession of, consuming, or using any alcoholic beverage or drug. The permittee and/or manager shall not permit any such person to enter or remain upon such premises.

(Ord. No. 2823)