Rancho Palos Verdes Municipal Code Art. 1 Massage Establishments

Whenever any of the following terms are used in this chapter, each such term shall be deemed and construed to have the meaning ascribed to it in this section as follows:

CAMTC means the California Massage Therapy Council created under Business and Professions Code div. 2, ch. 10.5 (Business and Professions Code § 4600 et seq.).

Chair massage means a massage given to a person who is fully clothed and sitting upright on a professional bodywork seat, a stool or office seat, wheelchair, or other chair-like device.

Director means the community development director or their designee.

Massage or massage services means and includes any method of treating the external parts of the human body for any form of consideration for remedial, health or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, manipulating or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, and with or without supplementary aids such as water, rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. The term "massage" or "massage services" shall further include any bath, shower, electric tub, sponge bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, reflexology, alcohol rubs, and Russian, Swedish, Japanese or Turkish baths.

Massage establishment means a business or establishment, including a sole proprietor or independent contractor, that offers massage services at a fixed place of business, and also includes all establishments or businesses where a massage is provided as an ancillary service, such as gyms, clubs, day spas and professional offices where such massage is not otherwise exempt under this chapter.

Massage technician means any person who administers to another person, for any form of consideration, massage or massage services. The term "massage therapist," "masseuse," "massage practitioner," or any other term used within the massage industry to refer to a person who provides massage services are included within this definition. The term "massage technician" shall include a student at a school of massage who administers a massage to any person for payment whether the payment is received by the student, the school, or a massage establishment. The term "massage technician" also includes any person providing massage services for a person or facility listed in section 5.24.200 (Exemptions), unless the massage technician also is included within one of the exceptions specified in section 5.24.200 (Exemptions).

Outcall massage means any massage performed by a massage technician outside of the massage establishment where the massage technician is employed or a massage administered by any person who is not employed by a fixed location massage establishment in the city.

(Code 1981, § 5.24.010; Ord. No. 544, § 5, 2-5-2013)

A. No person shall own or operate a massage establishment in or upon any premises within the city without first obtaining a city business license pursuant to chapter 5.04 (Business Licenses).

B. No person may own or operate a massage establishment in or upon any premises within the city unless all persons providing massage services at or on behalf of the massage establishment have a CAMTC certification.

C. No person may operate a new massage establishment in a location in the city where a massage establishment was closed due to criminal activity.

D. A massage establishment may not allow a person who has had their CAMTC certification suspended to provide any massage services for the duration of the suspension period.

E. A massage establishment may not allow a person who has had their CAMTC certification revoked to provide any massage services.

F. Each massage establishment shall maintain on its premises evidence for review by local authorities that demonstrates that the massage establishment has a valid city business license and that all persons providing massage services are CAMTC-certified.

(Code 1981, § 5.24.020; Ord. No. 544, § 5, 2-5-2013)

A. Massage establishment notice of services; CAMTC certification. The owner or operator of a massage establishment shall notify the director in writing of the name of each person providing massage services at or on behalf of the massage establishment or employed as an on-site manager within five business days of that person being employed or utilized and shall provide a copy of the individual's CAMTC certification.

B. Change in business. The owner or operator of a massage establishment shall immediately notify the director of any intention to rename, change management, or convey the business to another person.

C. Site requirements. A massage establishment shall comply with the following criteria:

1. Building code requirements.

a. Minimum lighting shall be provided in accordance with the building code, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.

b. Minimum ventilation shall be provided in accordance with the building code.

2. Washbasins. A minimum of one separate washbasin shall be provided in each massage establishment for use by employees and anyone else providing massage services and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin permanently installed sanitary towel dispensers.

D. Operational requirements. A massage establishment shall be maintained and operated in conformity with the following criteria:

1. Maintenance of premises and equipment.

a. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the massage establishment shall be in good repair and maintained in a clean and sanitary condition.

b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

c. Separate closed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked as "clean linen" and "soiled linen," respectively.

d. Clean and sanitary towels and linens shall be provided for each patron of the massage establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. This requirement shall also apply to outcall massages.

e. Adequate equipment for disinfecting and sterilizing instruments used in performing the massage services shall be provided. This requirement shall also apply to outcall massages.

f. Hot and cold running water shall be provided at all times.

g. Washbasins for employees and anyone else providing massage services shall provide soap or detergent, hot and cold running water at all times, and sanitary towels placed in permanently installed sanitary towel dispensers.

h. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. This requirement shall apply to outcall massages.

i. Doors. The premises' exterior doors and interior doors shall remain unlocked during business hours (including electric locking devices), unless the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.

2. Physical contact prohibited. No massage establishment shall permit any massage technician in the course of administering any massage service, including in an outcall massage, to expose their specified anatomical areas, as defined in section 5.10.010 (Definitions), or to make physical contact with the specified anatomical areas of any client.

E. Inspections. The director, the county sheriff and the county health department, or their authorized representatives, shall have the right to enter the massage establishment for the purpose of making reasonable unscheduled inspections during regular business hours to observe and enforce compliance with applicable regulations, ordinances, laws, codes, and provisions of this chapter.

F. Background check. The director may, at their discretion, require a background check of an owner or operator of a massage establishment who owns five percent or more of a massage establishment and who is not certified by the CAMTC.

(Code 1981, § 5.24.030; Ord. No. 544, § 5, 2-5-2013)

An owner or operator of a massage establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the establishment and for all massage therapists providing outcall massages on behalf of the massage establishment. Failure to comply with Business and Professions Code div. 2. ch. 10.5 (Business and Professions Code § 4600 et seq.), this chapter, or any other applicable regulation, ordinance, law or code may result in the suspension, revocation and/or lack of renewal of a city business license.

(Code 1981, § 5.24.040; Ord. No. 544, § 5, 2-5-2013)