Petaluma Municipal Code Ch. 8.38 Massage Establishments and Massage Professionals

It is the purpose and intent of the city council that the operation of massage establishments and massage

professionals as deNned in this chapter should be regulated so as to further the public interest, safety, and welfare by establishing minimum building, sanitation, and health standards for massage establishments and minimum

qualiNcations for massage professionals consistent with applicable law, including existing authority for local

regulation of massage establishments and professionals. (Ord. 2473 NCS §1, 2013.)

For the purpose of this chapter, the following words and phrases shall mean or include:

A. "Approved school" means an approved school as deNned in California Business and Professions Code Section

4600(a).

B. "California Massage Therapy Council" or "CAMTC" means the nonproNt organization created pursuant to

Chapter 10.5 of the Business and Professions Code and/or any subsequent amendment or superseding statute,

and/or any successor organization.

C. "CAMTC certiNcate" means a certiNcate, or conditional certiNcate, issued by the CAMTC to massage therapists,

pursuant to California Business and Professions Code Section 4601(c), and/or to massage practitioners pursuant

to Section 4601(b), 4604(a) or 4604(c), and/or certiNcates issued pursuant to Chapter 10.5 of the Business and

Professions Code. When used in this chapter, "CAMTC certiNcation" means having a valid CAMTC certiNcate.

D. "CertiNed massage establishment" means a massage establishment that employs or uses only massage

professionals with CAMTC certiNcation to perform massage services. Unless otherwise stated, "certiNed massage

establishment" includes certiNed sole proprietorships.

E. "CertiNed sole proprietorship" means a sole proprietorship where the owner has received CAMTC certiNcation

and is the only provider of massage services for that business.

F. "Fee" means the amount applicants for new or renewed massage permits are required to pay in accordance

with Section 8.38.090.

G. "Health oPcer" means the health oPcer of Sonoma County or his/her authorized representative.

H. "Implementing zoning ordinance" means city Ordinance No. 2300 NCS.

I. "Massage" means the method of treating the superNcial parts of the body, excluding speciNed anatomical

areas, for medical or hygienic purposes, and not for purposes of oQering, engaging in or permitting speciNed

sexual activities, by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the

hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance

commonly used in the practice of massage, and with or without supplementary aids such as rubbing alcohol, oils,

powders, creams, lotions, ointment, or other similar preparations commonly used in the practice of massage.

Massage includes such manipulation of the body or similar procedures described in this subsection that are

performed in hydrotherapy, spa or similar bath facilities.

J. "Massage establishment" means a business conducted by any individual, Nrm, association, partnership,

corporation or combination of individuals that provides or oQers massage in exchange for money or other

consideration.

K. "Massage professional" means any person who administers massage to another person, for any form of

consideration or pecuniary compensation.

L. "Massage permit" means authorization issued in accordance with this chapter to massage professionals

practicing in the city that meet the requirements of Section 8.38.060.

M. "Permit administrator" means the police chief of the city, his/her designee, or any other person designated by

the city manager to issue massage permits and enforce the regulations contained in this chapter.

N. "Permitted massage establishment" means a massage establishment, including sole proprietorships, where

not all the massage professionals have CAMTC certiNcation, and where all those massage professionals that lack

CAMTC certiNcation have a valid massage permit issued in accordance with this chapter.

O. "SpeciNed sexual activities" means any of the following:

1. Erotic touching or fondling of the body, including, but not limited to, erotic touching or fondling of a

speciNed anatomical area.

2. Sex acts, actual or simulated including but not limited to intercourse, oral copulation, masturbation or

sodomy.

3. Excretory functions as part of or in connection with the activities speciNed in this section.

(Ord. 2473 NCS §1, 2013.)

The provisions of this chapter shall not apply to the establishments and individuals listed below while engaged in

the performance of the duties of their respective licensed or certiNcated professions:

A. Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly licensed to

practice their respective professions in the state.

B. Hospitals, nursing homes, sanitariums, or persons holding an unrevoked certiNcate to practice in the healing

arts under the laws of the state of California, or persons working under the direction of any such persons or in any

such establishments.

C. Barbers, cosmetologists, and manicurists who are duly licensed under the laws of the state, except that this

exemption shall apply solely to the massaging of the neck, face, scalp, hair, hands or feet of the customer or client.

D. Teachers or students enrolled in a school, as deNned in the implementing zoning ordinance, and participating

in the teaching and/or administration of massage by authorized school employees in conjunction with athletic

programs, training in the healing arts or other school courses.

(Ord. 2473 NCS §1, 2013.)

certiCcates within one hundred twenty days—Grace period.

Within one hundred twenty days of the eQective date of this chapter, massage professionals and massage

establishments in operation in the city that are subject to the requirements of this chapter must apply for

massage permit(s) required by this chapter or provide to the permit administrator copies of valid CAMTC

certiNcates as required by this chapter. Massage professionals and massage establishments that are subject to the

requirements of this chapter, that have a current city business license, and that have submitted a complete

massage permit application in accordance with this chapter may continue operation while the massage permit

application is processed. All massage professionals and massage establishments that are subject to the

requirements of this chapter and that are in operation in the city one hundred and twenty-one days or more after

the eQective date of this chapter must have a current city business license and must have provided valid CAMTC

certiNcates or applied for a massage permit in accordance with this chapter or be subject to penalties speciNed in

this chapter and other applicable laws. (Ord. 2473 NCS §1, 2013.)

certiCcation and city business license requirements.

Except as provided in Section 8.38.040, it is unlawful for any massage professional subject to the requirements of

this chapter to provide massage services or practice massage within the city without a valid, unexpired and

unrevoked massage permit issued by the permit administrator or a valid, unexpired and unrevoked CAMTC

certiNcate. Except for massage professionals practicing massage only as an employee of a massage establishment,

it is also unlawful for any massage professional subject to the requirements of this chapter to provide massage

services or practice massage within the city without a current city business license in accordance with Chapter

6.01. (Ord. 2473 NCS §1, 2013.)

Massage permit applications must be submitted using forms provided by the permit administrator and include the

following:

A. The applicant’s full name, all other names the applicant uses or has used, the applicant’s residential address,

and residence telephone number;

B. The name and address of the massage establishment where the applicant is to be employed and the name of

the massage establishment owner;

C. The names and addresses of any and all previous establishments where the applicant has been employed as

a massage professional, including evidence of continuous practice of massage therapy in the city since January 1,

2010;

D. A portrait photograph of the applicant at least two inches by two inches, together with a complete set of the

applicant’s Nngerprints, which shall be taken by the permit administrator or his/her agent;

E. Written proof that the applicant is over the age of eighteen years;

F. A signed aPdavit that the applicant is not aware of having any contagious and/or communicable disease

capable of being transmitted through the performance of massage;

G. A copy of a diploma, certiNcate of graduation or transcripts of course work from an approved school showing

satisfactory completion of one hundred hours or more of nonrepetitive curriculum, with a passing grade or better

in health theory, health care, anatomy, physiology, psychology, biomechanics, or kinesiology or similar curriculum;

H. A statement signed by the owner or operator of a massage establishment indicating an intent to employ the

applicant as a massage professional (unless the applicant is the massage establishment owner or operator);

I. Each conviction, and each plea of guilty, or nolo contendere for violation of any of the following sections of

the California Penal Code:

1. 366(i) (pandering);

2. 315 (keeping or residing in a house of ill fame);

3. 316 (keeping a disorderly house or lets any premises knowing that it is to be used for the purpose of

assignation or prostitution);

4. 318 (prevailing on a person to visit a place of prostitution);

5. Subdivision (a) of Section 647 (lewd conduct);

6. Subdivision (b) of Section 647 (disorderly conduct by soliciting or engaging in prostitution);

J. Each conviction and each plea of guilty or nolo contendere for felony oQenses involving the sale of controlled

substance speciNed in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;

K. Each conviction and each plea of guilty or nolo contendere for misdemeanor or felony oQenses that relate

directly to the practice of massage;

L. Each conviction and each plea of guilty or nolo contendere for a felony, the commission of which occurred on

the premises of a massage establishment, or in the course of massage;

M. Each conviction and each plea of guilty or nolo contendere for an oQense involving the use of force and

violence upon the person of another or for an oQense involving the theft of property;

N. Each conviction and each plea of guilty or nolo contendere for attempt or conspiracy to commit any of the

oQenses listed in this section;

O. Each conviction, and each plea of guilty or nolo contendere for oQenses committed in a jurisdiction outside of

the state of California, which, if committed within the state of California, would fall within one of the oQenses listed

in this section;

P. Whether the applicant is required to register under provisions of Section 290 of the California Penal Code

(registration as a sex oQender);

Q. Whether the applicant, or a former employer of the applicant while so employed, or a building in which the

applicant was so employed, was ever subjected to an abatement proceeding under Sections 11225 through 11235

(Red Light Abatement Act) of the California Penal Code or any similar provisions of law in a jurisdiction outside the

state of California; and

R. Whether any permit to engage in the practice of massage as a massage professional or otherwise has

previously been denied applicant or revoked, and, if so, the circumstances of the denial or revocation.

(Ord. 2473 NCS §1, 2013.)

requirements.

A. For massage establishments providing massage services within the city to qualify as certiNed massage

establishments in accordance with this chapter, the owner or operator of the massage establishment must

provide to the permit administrator copies of valid, unexpired, unrevoked CAMTC certiNcates for each person the

massage establishment will employ or contract with for purposes of performing massage, and a copy of the owner

or operator’s valid, unexpired and unrevoked CAMTC certiNcate, if applicable, when applying for a city business

license. For massage establishments providing massage services within the city to qualify as certiNed sole

proprietorships in accordance with this chapter, the owner or operator of the massage establishment must

provide to the permit administrator a copy of his or her valid, unexpired and unrevoked CAMTC certiNcate when

applying for a city business license. Owners and operators of massage establishments providing massage services

within the city must verify that the establishment meets the requirements for a certiNed massage establishment in

accordance with this chapter by completing the city form provided by the permit administrator for that purpose.

B. For massage establishments providing massage services within the city to qualify as certiNed massage

establishments in accordance with this chapter, owners and operators who own Nve percent or more of the

massage establishment and that do not have valid, unexpired and unrevoked CAMTC certiNcates must also

provide the following background information:

1. For owners or operators that are corporations, the names and residence addresses of each of the

oPcers and directors of the corporation and of each stockholder owning more than Nve percent of the stock

of the corporation;

2. For owners or operators that are partnerships, the names and residence addresses of each of the

partners, including limited partners;

3. All previous residential addresses (if any) for the Nve years immediately prior to the present address of

owners or operators;

4. Written proof that individual or partnership owners or operators are over the age of eighteen years;

5. For sole proprietorships or partnership owners or operators, the height, weight, color of eyes and hair,

and sex of each proprietor or partner;

6. Two portrait photographs at least two inches by two inches for each owner or operator;

7. Business, occupation, or employment of the owner or operator for the preceding Nve years;

8. The owner or operator massage or similar business history, including, but not limited to, whether or not

such person, in previously operating in the city or another city or state under permit, has had such permit

revoked or suspended and the reason, and the owner or operator’s business activity or occupation

subsequent to the suspension or revocation;

9. The name and address of the owner and lessor of the real property upon which the massage

establishment will be operated and a copy of the lease or rental agreement;

10. The information required by Sections 8.38.060(I) through (R) for each owner and operator; and

11. Such other identiNcation and information necessary to discover the truth of the required background

information, including Nngerprints and additional photographs of any owner or operator.

C. Upon receipt of completed applications, the permit administrator will review applications for compliance of

the establishment with applicable codes and regulations administered by the city police department, and, as

appropriate, refer applications for review by other departments such as the building, Nre, and development

departments for review of application materials, inspection of the premises, and other appropriate review to

determine compliance of the establishment with applicable codes and regulations.

(Ord. 2473 NCS §1, 2013.)

A. It is unlawful for any owner or operator of a massage establishment, except for owners and operators of

massage establishments that qualify as certiNed massage establishments in accordance with Section 8.38.070, to provide or permit to be provided massage services within the city unless the massage establishment qualiNes as a

permitted massage establishment in accordance with this section.

B. For massage establishments providing massage services within the city to qualify as permitted massage

establishments, each person the massage establishment will employ or contract with for purposes of performing

massage, and the owner or operator, if applicable, that does not have a valid, unexpired, unrevoked CAMTC

certiNcate must have a valid, unexpired, unrevoked massage permit issued in accordance with Section 8.38.100

when applying for a city business license. Owners and operators of massage establishments providing massage

services within the city must verify that the establishment meets the requirements for a permitted massage

establishment in accordance with this section by completing the city form provided by the permit administrator

for that purpose.

C. For massage establishments that are providing massage services within the city to qualify as permitted

massage establishments in accordance with this section, owners and operators of the massage establishment that

do not have valid, unrevoked CAMTC certiNcates must provide the background information speciNed in Section

8.38.060(C).

(Ord. 2473 NCS §1, 2013.)

All applications for a massage permit must be accompanied by payment of the applicable fee established

pursuant to this chapter, no part of which shall be refundable. The fee will be established from time to time by

resolution of the city council and include amounts intended to cover the city’s costs of: processing, investigation,

issuance, renewal, inspection, enforcement and administration of the permit requirements contained in this

chapter, including but not limited to city staQ time and costs and attorney’s fees and costs. (Ord. 2473 NCS §1,

2013.)

The permit administrator will issue a massage permit if upon investigation and the reports Nled it is found:

A. Neither the applicant nor any person or entity subject to investigation in connection with the application

pursuant to Section 8.38.060 has been convicted, pled guilty, or pled nolo contendere in a court of competent

jurisdiction to any oQense listed in Sections 8.38.060(I) through (O) and is not required to register as a sex

oQender; and

B. Neither the applicant, including applicant as a member of a corporation or partnership, nor a former

employer of the applicant while so employed, has ever been subjected to an abatement proceeding under

Sections 11225 through 11235 (Red Light Abatement Act) of the California Penal Code or any similar provisions of

law in a jurisdiction outside the state of California; and

C. The applicant has not had any massage establishment, massage professional license or permit that was

issued within the state of California revoked; and

D. The applicant possesses the educational requirements set forth in Section 8.38.060(G); and

E. The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including,

but not limited to, the city’s building, zoning, and health regulations; and

F. The applicant complies with all provisions of this chapter including the aPdavit requirement in Section

8.38.060(F); and

G. The applicant has made no false, misleading, or fraudulent statement in the permit application or any other

document required by the city in conjunction therewith.

Otherwise, the permit will be denied. NotiNcation of and reason(s) for massage permit denial will be sent to the

applicant by mail.

(Ord. 2473 NCS §1, 2013.)

A. Every massage permit issued or renewed shall have a term of up to two years, and all massage permits shall

expire on June 30th of the second year following issuance or renewal. Application for renewal of a massage permit

shall be made at least thirty days before its expiration upon a form provided by the city. If the information

provided by the applicant for a prior application or renewal is no longer complete and/or accurate, the applicant

must provide all information necessary to update, add to or modify the information so that it is accurate.

B. The massage permit renewal application must be accompanied by a renewal fee as set from time to time by

resolution of the city council. No part of renewal fee will be refundable. The renewal fee is intended to cover the

city’s costs of processing, investigation, renewal, inspection, enforcement and administration of the permit

requirements contained in this chapter, including but not limited to staQ time and costs and legal fees and costs.

C. Prior to the issuance of the renewal permit, the massage establishment may be subject to physical or record

inspections by permit administrator, as well as by the building department, Nre, and community development

departments of the city for the purpose of assuring compliance with this chapter and applicable city, state or

federal law.

D. Each renewal application must be accompanied by a list of all massage professionals employed at the

massage establishment and copies of any CAMTC certiNcates or massage permits for the employees and/or the

massage establishment owner(s) and/or operators.

(Ord. 2473 NCS §1, 2013.)

changes.

A. Every massage establishment must, at the time of application for and/or renewal of a business license,

provide to the city manager or his/her designee a complete list of all persons providing massage at or in

connection with the massage establishment, whether on the massage establishment premises or otherwise, and

provide copies of CAMTC certiNcates or massage permits for each such person.

B. Within Nve business days of any change in address or ownership of the massage establishment, every

massage establishment owner or operator must provide written notice of the changes to the city manager or his/

her designee.

C. Within Nfteen business days of hiring a new massage professional, the owner or operator of the massage

establishment must provide a copy of the massage professional’s CAMTC certiNcate or massage permit to the city

manager or his/her designee. The requirement to provide copies of CAMTC certiNcates or massage permits does

not aQect the requirement to maintain evidence on the premises of the massage establishment that the massage

professionals employed or retained by the massage establishment have CAMTC certiNcates or massage permits.

D. Massage establishment owners and operators have a continuous duty to provide written notice to the city

when massage establishment employees or contractors have a CAMTC certiNcate revoked or suspended.

(Ord. 2473 NCS §1, 2013.)

Every certiNed and permitted massage establishment must comply with the following operating requirements:

A. The owner or operator must maintain a register of all persons employed as massage professionals and all

massage professional contractors used and copies of CAMTC certiNcates or massage permits for each massage

professional. The register must be available for inspection at all times during regular business hours.

B. The massage establishment may provide massage services only between the hours of seven a.m. and ten

p.m.

C. A list of services available and the cost of such services must be posted in an open, public place on the

premises of the establishment. The list of services must describe all of the services available in readily

understandable language. No owner, operator, responsible managing employee, manager, or supervisor may

permit and no massage professional may oQer to perform any services other than those posted.

D. During all times that he/she is performing or oQering to perform massage services in a massage

establishment, every massage professional must wear a badge that identiNes his/her Nrst or last name. Upon

receipt of a request or complaint by a patron, massage professionals must advise the patron of the full name of the massage establishment through which the massage services were obtained and the contact information for

the CAMTC or the city.

E. No person may enter, or be or remain, in any part of a massage establishment while in possession,

consuming, or using any alcoholic beverage or drugs except pursuant to a lawfully issued prescription for such

drugs. Massage establishment owners, operators, responsible managing employees, managers and supervisors

may not permit any person to enter or remain upon the massage establishment premises in violation of this

provision.

F. No massage professional may oQer or engage in speciNed sexual activities as part of his/her massage

services. No massage establishment may oQer or permit speciNed sexual activities as part of the massage services

provided by the massage establishment or on the massage establishment premises.

(Ord. 2473 NCS §1, 2013.)

The city council Nnds that the requirements of this section are reasonable health and safety requirements for

massage establishments and massage professionals. The requirements of this section apply to all certiNed and

permitted massage establishments and all massage professionals providing massage services in the city, unless

otherwise speciNed.

A. All massage establishments are subject to periodic inspection by the city for safety of the structure and the

compliance of plumbing, ventilation, heating, sanitation and other facilities with applicable codes and regulations.

The walls must be clean and painted with an approved washable mold resistant paint in all rooms where water or

steam baths are given. Floors must be free from any accumulations of dust, dirt, or refuse.

B. Towels, sheets, linens, robes and all other items for personal use of operators and patrons must be clean,

freshly laundered and not used for more than one patron. Heavy white paper may be substituted for sheets;

provided, that the paper is used once for a person and then discarded into a sanitary receptacle.

C. All locker facilities provided for the use of patrons must be fully secured for the protection of the patron’s

valuables, and the patron must be given control of the key or other means of access.

D. All main external front entrance doors into the massage establishment and all internal doors leading to

massage areas must remain unlocked during the business hours of the massage establishment, unless there is no

staQ available to assure security for clients and massage professionals who are behind closed doors.

(Ord. 2473 NCS §1, 2013.)

The investigating oPcials of the city, and the Sonoma County health oPcer, will have the right to enter massage

establishment premises from time to time during regular business hours for the purpose of making reasonable

inspections to enforce compliance with this chapter, or other building, Nre, electrical, plumbing, health, or penal

regulations. A warrant will be obtained whenever required by law. (Ord. 2473 NCS §1, 2013.)

employee acts.

Massage establishment owners and operators will be responsible for the conduct of all employees, contractors,

volunteers and other persons who provide massage on the premises or through arrangements with the massage

establishment. All persons working in or for the massage establishment will be considered under the control of

the massage establishment for the purposes of this chapter, including independent contractors and unpaid

volunteers. Any act or omission of massage professionals constituting a violation of this chapter will be deemed to

be the act or omission of the massage establishment for purposes of enforcing this chapter. (Ord. 2473 NCS §1,

2013.)

Any massage permit issued under this chapter is subject to suspension or revocation by the permit administrator

for violation of any provision of this chapter, violations of city, state or federal law, or for any grounds that would

warrant the denial of the issuance of the permit(s) in the Nrst instance. (Ord. 2473 NCS §1, 2013.)

Any person or business entity aggrieved by any decision of the permit administrator with respect to the issuance

or refusal to issue, suspension or revocation of a permit may appeal that action by Nling a written notice of appeal

with the city clerk. All appeals will be heard by an administrative hearing oPcer appointed by the city. Upon receipt

of an appeal, the administrative hearing oPcer will Nx a time and place for hearing such appeal. The city clerk will

give written notice to the appellant of the time and place of hearing by causing the notice to be personally served

or deposited in the United States mail at Petaluma, California, postage prepaid, addressed to the appellant at the

address provided on the written notice of appeal. The administrative hearing oPcer will have authority to

determine all questions raised on appeal. (Ord. 2473 NCS §1, 2013.)

When reference is made in this chapter to any local law or regulation or to any state or federal statute, regulation

or other law, the reference includes any subsequent amendment or superseding provision. (Ord. 2473 NCS §1,

2013.)

Any violation of this chapter is unlawful and a public nuisance. Provisions of this chapter are enforceable pursuant

to Chapters 1.10 through 1.16 or by any other judicial or administrative penalties and remedies available to the

city under applicable local, state or federal law. In addition to all other legal remedies provided for in this code, the

operation of any massage establishment and/or the provision of massage by any person in violation of this

chapter is deemed a public nuisance and may be enjoined by the city. Each instance of a violation of this chapter,

including each day of a continuing violation by a massage establishment or massage professional, constitutes a

separate violation. The remedies provided by this chapter are not intended to preclude any other remedy

available at law or in equity. (Ord. 2473 NCS §1, 2013.)