Rancho Cordova Municipal Code Art. I General Provisions

It is the purpose and intent of this chapter to provide for the orderly regulation of massage businesses and to comply with state regulations as they relate to massage services. The city council recognizes massage is a viable professional field offering the public valuable health and therapeutic services. While there are significant health benefits that can result from massage, there are also significant risks of injury by persons improperly trained and/or educated in providing massage services. There are also opportunities for illegal acts of prostitution, lewdness and human trafficking that can occur in massage establishments.

This chapter establishes minimum standards for massage businesses and massage therapists so as to protect and safeguard the public health, safety and welfare and to enhance the reputation of the profession and integrity of the services provided. The establishment of reasonable standards for the issuance of business licenses and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.

It is the purpose and intent of the city council that massage businesses and massage therapists offering such services be regulated so as to ensure that persons offering massage services possess the minimum qualifications necessary to operate such a business and are able to perform the services offered to ensure that those offering these services conduct their work in a lawful and professional manner and comply with required building, sanitation and health standards.

(Ord. 11-2016 § 1)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

A.

"California Massage Therapy Council" or "CAMTC"

shall mean the nonprofit organization created to regulate the massage industry set forth Chapter 10.5 of Division 2 of the Business and Professions Code of the state of California (commencing with Section 4600).

B.

"CAMTC certificate"

shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage practitioner pursuant to Business and Professions Code Section 4601(b) or (c) or any later enacted amendment.

C.

"CAMTC certified" or "certified massage therapist" or "massage therapist"

shall mean any individual, certified by the CAMTC and possessing a valid CAMTC certificate and is licensed to practice or administer massage. All persons certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this chapter stated herein.

D.

"City"

shall mean the city of Rancho Cordova.

E.

"Client"

shall mean the customer or patron who pays for or receives massage services.

F.

"Compensation"

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

G.

"Employee"

shall mean any person employed by a massage business who may render any service to the business and who receives any form of compensation from the business. For the purposes of this chapter, the term "employee" shall include independent contractors, agents and volunteers.

H.

"Employs or retains"

shall mean a person that is a directly paid employee of the massage establishment; or an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or a person that receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or whether such parties record such compensation in their financial records).

I.

"Home occupation massage therapist"

shall mean a massage therapist that practices massage within his or her own residence. All home occupation massage therapists are subject to the requirements for home occupation permits as set forth in RCMC § 23.901.030.

J.

"Licensee"

shall mean any person who receives from the city of Rancho Cordova a business license pursuant to Chapters 4.06 and/or 4.10 RCMC.

K.

"Manager"

means a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage business. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.

L.

"Massage" or "massage therapy"

shall mean any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating, of the external parts of the body with 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 similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, mud, fermentation or any other type of bath.

M.

"Massage business"

shall mean any business that offers massage in exchange for compensation to any part of a person's body, whether at a fixed place of business or at a location designated by the customer or client through out-call or on-site massage services. The term "massage business" includes a CAMTC certificate holder who is the sole owner, operator and employee of a massage business operating as a sole proprietorship and also includes home occupation massage therapists. For the purposes of this chapter, the term "massage business" shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber's, cosmetologist's and esthetician's state license.

N.

"Massage establishment"

shall mean any business that offers massage in exchange for compensation at a fixed place of business. Any business or establishment that offers any combination of massage therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage establishment under this chapter. For the purposes of this chapter, the term "massage establishment" shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is an accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license. For purposes of this chapter, a "massage establishment" shall not include massage that is conducted by a home occupation massage therapist, on-site massage or out-call massage.

O.

"On-site massage"

shall mean a massage given to an individual who remains fully clothed during the massage and at a location other than a massage business, and is limited to massages that take place in a massage chair at malls, business offices, sports complexes, convention centers and public events.

P.

"Operator" or "massage business operator"

shall mean any and all owners or managers of a massage business.

Q.

"Out-call massage"

shall mean the engaging in or carrying on of massage for compensation in a location other than a duly licensed massage establishment.

R.

"Owner"

shall mean any of the following:

The sole proprietor of a massage business or establishment; or

Any person who is a general partner of a general or limited partnership that owns a massage business; or

Any person who has a five percent or greater ownership interest in a corporation that owns a massage business; or

Any person who is a member of a limited liability company that owns a massage business; or

Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business.

S.

"Patron"

shall mean an individual on the premises of a massage establishment for the purpose of receiving massage therapy.

T.

"Person"

shall mean any individual.

U.

"Reception area"

shall mean the area immediately inside the front door of the massage establishment, dedicated to the reception and waiting of clients and visitors of the massage establishment, which is not a massage room or otherwise used for the provision of massage services.

V.

"Recognized school"

shall mean a school of massage which entails the following:

Teaches the theory, ethics, practice including anatomy and physiology, profession and work of massage; and

Requires a residence course of study to be given and completed before the student is furnished with a diploma, certificate of learning or completion or degree in massage; and

The massage program provides an organized plan of study of massage and related subjects for a minimum of 300 hours and has been approved by the State of California Consumer Bureau, or the Department of Consumer Affairs or an accredited college, university or junior college established pursuant to Education Code 100850, or if said school is not located in California, has complied with the standards commensurate with those of a school of equal or greater training that is approved by the corresponding agency in another state, or accredited by an agency recognized by the United States Department of Education.

W.

"Sole proprietorship"

shall mean a massage business where the owner owns 100 percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC certificate, and has no other employees or independent contractors that perform massage for the business.

X.

"Spa" or "day spa"

shall mean a business that offers a variety of services intended to meet personal needs of individuals such as skin treatment, manicures and pedicures and massage.

(Ord. 11-2016 § 1)

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

A. Physicians, surgeons, nurses, chiropractors, osteopaths, acupuncturists, podiatrists, physical therapists, who are duly licensed to practice their respective professions in the state of California under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code.

B. Persons operating or employed at hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the state of California.

C. Trainers of any amateur, semi-professional or professional athlete or athletic team, so long as such persons' practice of massage is limited to such athletes and athletic teams.

D. Barbers, cosmetologists, or estheticians who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber's, cosmetologist's, and esthetician's state license.

E. Enrolled students of a recognized school of massage when they are performing massage within the city as part of a formal supervised internship or training wherein the student receives school credit, operated by the school, without receiving any form of compensation, including tips, on the premises of a massage establishment duly authorized to operate in the city.

F. Persons performing a therapeutic modality for which the state does not offer licenses or certification under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code and the modality is performed with minimal touching and the client remains fully clothed at all times, such as Reiki, reflexology to the hands, feet and ears only, or the Bowen Technique. If a reflexologist performs massage as part of the reflexology services, then the reflexologist shall comply with RCMC § 4.33.025.

(Ord. 11-2016 § 1)

No massage establishment shall use the facilities or premises of such a recognized school of massage in connection with the operations of the massage establishment. Students in training at a recognized school of massage, as defined by RCMC § 4.33.010, may perform massage on a member of the general public while on the premises of the school of massage in compliance with the following requirements:

A. The student performs the massage only under the direct personal supervision of an instructor certified by the California Massage Therapy Council as a massage therapist and as an instructor at a state-approved educational facility, an approved national massage organization or association, or similar organization; and

B. The massage is performed by the student in compliance with this chapter and the student shall not receive any compensation for the massage services.

(Ord. 11-2016 § 1)