Reedley Municipal Code Ch. 8 Massage Establishments

CERTIFIED MASSAGE THERAPIST: A person who is certified by the massage therapist organization (also known as the California Massage Therapy Council) pursuant to chapter 10.5 (commencing with section 4600) of division 2 of the California Business and Professions Code.

CHIEF OF POLICE: The chief of police of the city of Reedley or his designated representative.

CITY COUNCIL: The city council of the city of Reedley.

CITY MANAGER: The city manager of the city of Reedley, or his designated representative.

CONVICTION, CONVICTED: A plea or verdict of guilty or a conviction following a plea of nolo contendere.

HEALTH DEPARTMENT: The health services agency of the county of Fresno, the services of which are performed pursuant to contract with the city of Reedley.

HOLISTIC HEALTH MASSAGE ESTABLISHMENT: A massage establishment in which all persons engaging in activities which require them to obtain a permit under this chapter have obtained valid permits as holistic health practitioners.

HOLISTIC HEALTH PRACTITIONER: A nonmedical healthcare therapist who uses a massage specialty and therapeutic approach and caring for clients, who: a) is a member in good standing in a state or nationally chartered organization devoted to a massage specialty approach; and b) has received a diploma or certificate of graduation from an approved school wherein the method, profession and work of massage technician is taught, which school must have provided a minimum of one hundred (100) hours of instruction while the applicant was a student in residence over a period of no fewer than three (3) months.

MANAGER: The person(s) designated by the operator of a massage establishment to act as representative and agent of the operator in managing day to day operations of the establishment and charged with the same liabilities and responsibilities as the operator.

MASSAGE: Any method of treating the external parts of the body for remedial, hygienic or any other reason or purpose, whether by means of pressure, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus with or without supplementary aids such as oils, powders, creams or other similar preparations.

MASSAGE ESTABLISHMENT: Any business conducted within the city of Reedley where any person, for money or any other consideration, administers to another person a massage.

MASSAGE TECHNICIAN: Any person who administers to another person a massage within a massage establishment or who is in training or apprenticeship to administer massages.

OPERATOR: All persons who have an ownership interest in a massage establishment.

OPERATOR PERMIT: The permit required pursuant to the provisions of this chapter to operate a massage establishment.

PERSON: Any individual, or corporation, partnership, association or other group or combination of individuals acting as an entity.

POLICE DEPARTMENT: The police department of the city of Reedley. (Ord. 96-001, 1-9-1996; amd. Ord. 97-03, 4-8-1997; Ord. 2009-03, 8-11-2009)

A. No person shall operate a massage establishment within the city without first obtaining an operator permit pursuant to sections 3-8-3 and 3-8-4 of this chapter, securing the necessary business license as required by this code, and complying with all other provisions of this title, and titles 9 and 10 of this code 1 .

B. The operator permit requirements, massage technician requirements, and related requirements in sections 3-8-3 through 3-8-8, inclusive, of this chapter shall not apply to a certified massage therapist engaged in the performance of their duties, so long as such person is operating under a valid certificate issued by the massage therapist organization (also known as the California Massage Therapy Council), pursuant to chapter 10.5 (commencing with section 4600) of division 2 of the California Business and Professions Code relating to massage therapy, provided, however, that such persons shall not be exempted from this chapter if chapter 10.5 is repealed. (Ord. 2009-03, 8-11-2009)

A. Application Required: Any person desiring an operator permit to operate a massage establishment shall file a written application on the required form with the chief of police, who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall be completed and signed by the operator of the proposed massage establishment (if proposed to be operated by a sole proprietor), by one general partner (if proposed to be operated by a partnership), by one officer or one director (if proposed to be operated by a corporation), or by one participant (if proposed to be operated as a joint venture). (Ord. 97-03, 4-8-1997)

B. Contents Of Application: The application shall contain or be accompanied by the following information:

1. A description of the type of ownership of the proposed massage establishment, i.e., whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners.

2. The precise name under which the massage establishment is to be conducted.

3. The complete address and all telephone numbers of the proposed massage establishment.

4. A complete list of the names and residence addresses of all proposed massage technicians and employees in the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment.

5. A description of each other business operated on the same premises and of each other business operated either within the city or elsewhere within the state which is owned or operated by the applicant or in the case of an application by a partnership, corporation or joint venture, owned or operated by the other partner or partners, officers and directors or joint venturers.

6. The following personal information concerning the applicant:

a. Name, date of birth and complete residence address.

b. Two (2) previous residence addresses immediately prior to the present residence address of the applicant.

c. Acceptable proof that the applicant is at least eighteen (18) years of age.

d. Height, weight, color of hair, color of eyes and gender of the applicant.

e. Two (2) front faced portrait photographs at least two inches by two inches (2" x 2") in size.

f. The applicant's business, occupation and employment history for five (5) years preceding the date of application including, but not limited to, the massage or similar business history and experience of the applicant.

g. The permit history of the applicant, including a statement whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of each such permit or license; an indication for each as to whether the permit or license was denied, revoked or suspended; and a statement if any vocational or professional license or permit was denied, revoked or suspended and the reason therefor.

h. With the exception of minor traffic violations, a disclosure of all criminal convictions of the applicant and (in the case of a proposed massage establishment to be operated by a partnership) of the applicant's partner or partners, or (in the case of a proposed massage establishment to be operated by a corporation) of the officers and directors of the applicant's proposed corporate massage establishment, or (in the case of a massage establishment to be operated by a joint venture) of the joint venturer or joint venturers of the applicant, together with the date and place of each such conviction and the reason therefor.

i. A complete set of fingerprints of the applicant taken by the police department. (Ord. 96-001, 1-9-1996)

7. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and an acknowledgment from the owner of the property that a massage establishment will be located on his or its property. (Ord. 97-03, 4-8-1997)

8. Authorization for the city, its agents and employees to seek verification of the information contained in the application.

9. Such other information and identification as deemed necessary by the chief of police.

10. A statement in writing and dated by the applicant that he certifies under penalty of perjury that all information contained in the application is true and correct. (Ord. 96-001, 1-9-1996; amd. Ord. 97-03, 4-8-1997)

A. Criteria For Issuance Or Denial: Upon receipt of a written application for a permit, the chief of police shall conduct an investigation to ascertain whether such permit should be issued as requested. The chief of police shall, within forty five (45) days after the filing of an application, approve, conditionally approve or deny the application. The forty five (45) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation. The chief of police shall issue such permit as requested, unless he makes any one or more of the following findings:

1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment: (Ord. 96-001, 1-9-1996)

a. Has been convicted of a violation of any one or more of the following sections of the Penal Code or comparable provisions of any other state: Penal Code sections 266h, 266i, 314, 315, 316, or 318; subsection (a), (b) or (g) of section 647, or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code section 290. (Ord. 96-001, 1-9-1996; amd. 2007 Code)

b. Has been convicted of a violation of Health and Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058.

c. Has been convicted of any offense in any other state which is the equivalent of any of the above mentioned offenses.

d. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.

e. Has engaged in conduct which would constitute an offense as described in subsection A1a of this section, within five (5) years immediately prior to the filing of any application.

f. Has committed an act in another jurisdiction, which, if committed in this state would have been a violation of law or which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.

g. Has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator.

2. The applicant has made a false, misleading or fraudulent statement of fact to the city in the permit application process.

3. The application does not contain all of the information required by section 3-8-3 of this chapter.

4. The massage establishment as proposed by the applicant does not or cannot comply with all applicable laws including, but not limited to, health, zoning, fire and safety requirements and standards.

5. The applicant has not satisfied or cannot satisfy the requirements of this chapter.

6. If the application is denied for failure to comply with subsection A2 or A3 of this section, the applicant may not reapply for a period of six (6) months from the date the application was denied.

B. Conditions Of Permit: All operators shall comply with the following conditions and any other conditions specified by the city manager on issuance of the operator permit:

1. Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, massage technician aide or employee shall massage the genital or anal area of any patron or the breast or breasts of any female patron, nor shall any operator of a massage establishment allow or permit such massage. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals and anus, and in the case of a female, also her breasts, are fully and opaquely covered.

2. No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his permit.

3. All massage establishments required to be licensed under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the chief of police designating the person or persons with power to act as a manager. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter.

4. The operator and designated manager(s) shall ensure that the massage technician permit for each on duty massage technician is displayed in a conspicuously public place and that each massage technician is wearing the identification required by subsection 3-8-7B3 of this chapter.

5. No operator shall employ any person as a massage technician or massage technician aide, who does not have a valid massage technician permit issued pursuant to this chapter. Every operator shall report to the chief of police any change of employees, whether by new or renewed employment, discharge or termination. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the hire or termination. The operator shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the chief of police.

6. All persons operating, managing or employed in the massage establishment shall be fully clothed at all times. Such clothing shall be of a fully opaque, nontransparent material and shall provide complete, opaque covering from midthigh to three inches (3") below the collarbone.

7. Each operator shall provide the chief of police with evidence of the insurance required within forty five (45) days of the date of issuance of the permit.

8. The operator shall comply with all provisions of this chapter and any and all applicable provisions of this code. (Ord. 96-001, 1-9-1996)

No person shall perform or administer a massage, or advertise to provide massage services in the city, unless such person has in effect a valid massage technician permit issued pursuant to sections 3-8-6 and 3-8-7 of this chapter. A massage technician, and any person in training or apprenticeship, shall comply with the requirements of sections 3-8-6 and 3-8-7 of this chapter. (Ord. 96-001, 1-9-1996)

A. Required Signatures, Information And Fee: Any person desiring a massage technician permit shall file a written application on the required form with the chief of police, who shall conduct an investigation. The application shall be completed and signed both by the applicant and by the owner and operator of the massage establishment for which the applicant proposes to be employed. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall contain the following information:

1. A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the name and address of the massage establishment. (Ord. 96-001, 1-9-1996)

2. The following personal information concerning the applicant:

a. Name, date of birth, complete residence address and telephone number;

b. Two (2) previous residence addresses immediately prior to the present address;

c. Acceptable written proof that the applicant is at least eighteen (18) years of age;

d. Height, weight, color of hair, color of eyes and gender;

e. Two (2) front faced portrait photographs at least two inches by two inches (2" x 2") in size;

f. The business, occupation and employment history of the applicant for the five (5) years immediately preceding the date of the application;

g. The permit history of the applicant and whether such person has ever had any license or permit, issued by any agency, board, city or other jurisdiction, denied, revoked or suspended and the reasons therefor.

3. All criminal convictions, excluding minor traffic violations, including date and place of each such conviction and reason therefor.

4. A complete set of fingerprints taken by the police department.

5. Such other information and identification as deemed necessary by the chief of police.

6. Authorization for the city, its agents and employees to seek verification of the information contained in the application.

7. A statement in writing, signed and dated by the applicant, stating that he certifies under penalty of perjury that all information contained in the application is true and correct. (Ord. 96-001, 1-9-1996; amd. Ord. 97-03, 4-8-1997)

B. Diploma Or Certificate Issued:

1. Each applicant must furnish a diploma or certificate of graduation from an approved school wherein the method, profession and work of massage technician is taught, which school must have provided a minimum of one hundred (100) hours of instruction while the applicant was a student in residence over a period of no fewer than three (3) months. (Ord. 97-03, 4-8-1997)

2. The chief of police may consider an applicant's study of massage completed outside the state if proof of completion from a formalized course of study in massage practice, anatomy and physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended.

3. Any outside course of study submitted for approval shall meet the minimum requirements of the state of California office of post secondary education. (Ord. 96-001, 1-9-1996; amd. Ord. 97-03, 4-8-1997)

A. Upon receipt of a written application for a massage technician permit, the chief of police shall conduct an investigation in such manner as he deems appropriate in order to ascertain whether such permit should be issued as requested. The chief of police shall approve, conditionally approve or deny the application within forty five (45) days of the filing of an application. Said forty five (45) day period may be continued for an additional thirty (30) days if necessitated by the occurrence of events beyond the control of the chief of police. The chief of police shall issue such permit as requested, unless he makes any of the following findings:

1. The applicant has been convicted of any of the following: (Ord. 96-001, 1-9-1996)

a. A violation of any one or more of the following sections of the Penal Code or comparable provisions of any other state: Penal Code sections 266h, 266i, 314, 315, 316, or 318; subsection (a), (b) or (g) of section 647, or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code section 290; (Ord. 96-001, 1-9-1996; amd. 2007 Code)

b. A violation of Health and Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058; or

c. Any offense in any other state which is the equivalent of any of the above mentioned offenses.

2. The applicant has engaged in conduct which would constitute an offense as described in subsection A1a of this section, within five (5) years immediately prior to the filing of any application.

3. The applicant has committed an act, which, if committed in this state would have been a violation of law or which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.

4. The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician.

5. The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the permit application process.

6. The application does not contain the information required by section 3-8-6 of this chapter.

7. The applicant has not satisfied the requirements of this chapter.

8. If the application is denied for failure to comply with subsection A5 or A6 of this section, the applicant may not reapply for a period of six (6) months from the date the application was denied.

B. All massage technicians shall comply with the following conditions and any other conditions specified by the chief of police on issuance of the massage technician's permit:

1. Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, massage technician aide or employee shall massage the genital or anal area of any patron or the breast or breasts of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals and anus, and in the case of a female, also her breasts, are fully and opaquely covered.

2. No massage technician shall massage any patron unless the person's genitals and anus, and in the case of a female, also her breasts, are fully and opaquely covered at all times while the technician or other employee is present in the same room as the patron.

3. Massage technicians shall wear an identification nameplate which shall contain a photograph and surname of the technician, and must be worn on the front of the outermost garment at all times during the hours of operation of any massage establishment or off premises massage service granted a permit pursuant to this chapter.

4. Massage technicians shall not perform any massage at any location other than the location specified on the permit, unless performing an off premises massage pursuant to permit.

5. While on duty, the massage technician shall not use any name other than that specified on the photo identification card.

6. Massage attendants shall be fully clothed at all times. Such clothing shall be of a fully opaque, nontransparent material and shall provide complete, opaque covering from midthigh to three inches (3") below the collar bone.

7. The massage technician consents to the inspection of the massage establishment by the city building and safety, fire department and police department and the health department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the police department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the offenses or violations of any of the prohibitions listed in this section or section 3-8-4 of this chapter, which would require the posting of a notice to all patrons pursuant to this chapter. (Ord. 96-001, 1-9-1996)

A. For purposes of this chapter, a massage performed or administered off premises and requiring an off premises massage permit shall be one performed or administered for money or other consideration by a licensed massage technician at a location other than a licensed massage establishment.

B. No person shall perform or administer a massage off of the premises of a massage establishment, either for money or any other valuable consideration, without obtaining a massage technician permit as provided under sections 3-8-6 and 3-8-7 of this chapter in conjunction with the issuance of a valid operator permit and an off premises massage permit. An applicant for an off premises permit shall file a written application on the required form with the chief of police, who shall conduct an investigation. The applicant shall accompany the application with the appropriate filing fee, as established by resolution of the city council. The application shall contain or be accompanied by the following information:

1. The complete name, residence and business address and telephone number of the applicant.

2. The precise name and complete address and telephone number of each person receiving the off premises massage.

3. The complete address at which the off premises massage is to be conducted.

4. The specific reasons necessitating the performance of the massage at a location other than a massage establishment. If the off premises massage is to be conducted at a commercial business during normal business hours while patron remains fully clothed, a letter confirming these conditions from the commercial business shall accompany the application.

5. Such other information deemed necessary by the chief of police.

C. Upon receipt of a written application for an off premises massage permit, the chief of police shall initiate an investigation to ascertain whether such permit should be issued as requested. Within thirty (30) days of the filing of an application, the chief of police shall conditionally approve or deny the application. The chief of police shall issue the permit unless he finds that it is not reasonably necessary to perform or administer the massage at a location other than the massage establishment. The chief of police may specify conditions on the issuance of the off premises massage permit that are reasonably necessary to ensure compliance with this chapter and other laws. (Ord. 96-001, 1-9-1996)

A. Physical Facility And Building Code Requirements: The following physical facility and building code requirements shall be applicable to all nonexempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of section 4612 of the California Business and Professions Code:

1. Except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, no massage therapy may be carried on behind locked, closed doors.

2. All doors to dressing rooms, toilet rooms and massage therapy rooms or cubicles shall open inward and shall be self-closing. Draw drapes, curtain enclosures, or accordion pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles.

3. Minimum lighting equivalent to at least one 40-watt light shall be provided in each massage therapy room or cubicle.

4. A massage table shall be used for all massage therapy, with the exception of "Thai", "shiatsu", and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs or similar style of garment. The tables should have a minimum height of eighteen inches (18"). Beds, floor mattresses and water beds are not permitted on the premises of the business or establishment.

5. All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patron's valuables, and the patron shall be given control of the key or other means of access.

6. The business or establishment shall comply with the following state building standards as adopted in section 9-1-1 of this code:

a. Have a system of adequate ventilation in accordance with the provisions of section 705 of the uniform building code of 1982, as referenced in part 2, chapter 7 of the matrix adoption tables, of title 24 of the California Code of Regulations.

b. Have a supply of hot and cold running water in accordance with part 5, section 1001(d)(1), of title 24 of the California Code of Regulations.

c. Have a supply of potable drinking water in accordance with part 5, section 1001(d)(3), of title 24 of the California Code of Regulations.

d. Provide hand washing facilities in accordance with part 5, section 1001(d)(2), of title 24 of the California Code of Regulations.

e. Provide public toilet rooms in accordance with part 5, sections 910(b) and 910(c), and table no. C-1, of title 24 of the California Code of Regulations.

B. Health And Safety Requirements: The following health and safety requirements shall be applicable to all nonexempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of section 4612 of the California Business and Professions Code:

1. The business or establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Towels, coverings and linens shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at least one hundred forty degrees Fahrenheit (140°F) for not less than fifteen (15) minutes during the washing or rinsing operation. 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, toilet rooms, shower compartments, and hot tubs and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.

3. All liquids, creams, or other preparations used on or made available to patrons 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 patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

4. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: a) application of electricity which contracts the muscle; b) application of topical lotions, creams, or other substances which affect living tissue, such as chemical peel preparations or bleaches; c) penetration of the skin by metal needles; d) abrasion of the skin below the nonliving, epidermal layers; e) removal of skin by means of any razor edged instrument or other device or tool; and f) any needlelike instrument which is used for the purpose of extracting skin blemishes and other similar procedures.

5. All bathrobes, bathing suits and/or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use pursuant to subsection B1 of this section.

6. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be fully disinfected after each use.

7. No patrons shall be allowed to use any shower facilities of the business or establishment unless such patrons are wearing slip resistant sandals or flip flops while in the shower compartment. All footwear such as sandals or flip flops that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be fully disinfected after each use.

8. The patron'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 patron. No massage therapy shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron.

C. Attire And Physical Hygiene Requirements: The following attire and physical hygiene requirements shall be applicable to all licensees, and to all massage therapists and massage practitioners who are employed or retained by a nonexempt massage business or establishment, or by a massage business or establishment described in paragraph (1) of subdivision (b) of section 4612 of the California Business and Professions Code:

1. 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 midthigh to two inches (2") below the collarbone. The midriff may not be exposed.

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

3. No person afflicted with an infection or parasitic infestation capable of being transmitted to a patron shall knowingly provide massage therapy to a patron, or remain on the premises of a massage business or establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a patron include, but are not limited to: a) cold, influenza or other respiratory illness accompanied by a fever, until twenty four (24) hours after resolution of the fever; b) streptococcal pharyngitis ("strep throat"), until twenty four (24) hours after treatment has been initiated and twenty four (24) hours after resolution of fever; c) purulent conjunctivitis ("pinkeye"), until examined by a physician and approved for return to work; d) pertussis ("whooping cough"), until five (5) days of antibiotic therapy has been completed; e) varicella ("chickenpox"), until the sixth day after onset of rash or sooner if all lesions have dried and crusted; f) mumps, until nine (9) days after onset of parotid gland swelling; g) tuberculosis, until a physician or local health department authority states that the person is noninfectious; h) impetigo (bacterial skin infection), until twenty four (24) hours after treatment has begun; i) pediculosis (head lice), until the morning after first treatment; and j) scabies ("crabs"), until after treatment has been completed. Bloodborne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this subsection.

D. Inspection By Government Officials:

1. All nonexempt massage businesses or establishments, and all massage businesses or establishments described in paragraph (1) of subdivision (b) of section 4612, shall permit representatives of the county health department, the city of Reedley police department, fire department, community development department, and/or other city or county departments or agencies, to conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law and during the regular business hours of the business or establishment, for the purpose of ensuring compliance with state and local law, including, but not limited to, chapter 10.5 (commencing with section 4600) of the California Business and Professions Code, the requirements of this chapter, or other applicable fire and health and safety requirements.

2. 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 premises of the business or establishment if such entry is refused, or for any other reason allowed by law.

3. It is a violation of this chapter for the business or establishment to prohibit or interfere with such lawful inspection of the premises at any time it is open for business. (Ord. 2009-03, 8-11-2009)

Every massage establishment operator shall immediately report to the chief of police any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers, directors and partners and any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the chief of police provided there is compliance with all applicable regulations of the city. (Ord. 96-001, 1-9-1996)

The city council shall establish by resolution and, from time to time, may amend the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other provision of this code. (Ord. 96-001, 1-9-1996)

A. The requirements of this chapter shall have no application and no effect upon, and shall not be construed as applying to, any person designated as follows: physician, surgeon, chiropractor, osteopath or any registered or licensed vocational nurse working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice their respective professions in the state, nor shall the requirements of this chapter apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed by the state to practice any such art or profession under the Business and Professions Code of the state or of any other law of this state. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the state to practice pursuant to the medical practice act 1 , whether employed by physicians, surgeons, chiropractors or osteopaths or not, are not given permission by this chapter to offer or give massages or massage procedures.

B. Commencing on the effective date of this chapter, permits are to be issued in accordance with the provisions of this chapter.

C. Existing operator and massage technician permits shall continue in effect until expiration and shall be renewed in accordance with provisions of this chapter. (Ord. 96-001, 1-9-1996)

A. No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage technician permit will be allowed upon prior written notice to the chief of police and payment of the appropriate transfer fee.

B. All operator, massage technician and off premises massage permits shall be issued for the period of twelve (12) months and shall expire twelve (12) months from their issuance, except that applicants who qualify as holistic health massage operators or holistic health practitioners shall be renewed every twelve (12) months.

C. Applications for the next ensuing permit shall be filed with the chief of police before the expiration of the existing permit. Such renewal applications must be filed no later than thirty (30) days prior to the expiration of the permit to prevent a lapse of the permit. (Ord. 96-001, 1-9-1996)

D. Each applicant for renewal shall file such information as may be required by the chief of police to update the information required for his original permit application. The applicant shall accompany the application or renewal with the appropriate filing fee. (Ord. 97-03, 4-8-1997)

A. Violation And Noncompliance: The chief of police may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application may be made only at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the city council in the time and manner set forth in this section.

B. Revocation And Suspension Of Operator Permit:

1. The chief of police may revoke or refuse to renew an operator permit if he makes any of the findings for denial of a permit under subsection 3-8-4A of this chapter, or upon any subsequent violation of any provision within one year following prior suspension under subsection B2 of this section, or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner that necessitates enforcement action by law enforcement officers;

2. The chief of police may suspend an operator permit for a period of thirty (30) days for each violation of subsection 3-8-4B, 3-8-8B or section 3-8-9 of this chapter.

C. Revocation And Suspension Of Massage Technician Permit:

1. The chief of police may revoke or refuse to renew a massage technician permit if he makes any of the findings for denial of a permit under subsection 3-8-7A of this chapter, or upon any subsequent violation of any provision of this chapter within one year following a suspension under subsection C2 of this section;

2. The chief of police may suspend a massage technician permit for a period of thirty (30) days for each violation of subsection 3-8-7B, 3-8-8B or section 3-8-9 of this chapter.

D. Notice: When the chief of police concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the chief of police shall serve the applicant or permit holder, either personally or by certified mail, addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, if no appeal is filed by applicant or permit holder, and the right of the applicant or permit holder to appeal to the city council the decision of the chief of police.

E. Appeal: The right to appeal to the city council shall terminate upon the expiration of fifteen (15) days following receipt of the notice of intent to suspend, revoke or refuse to renew permit. Any appeal from the decision of the chief of police shall be by notice of appeal timely filed with the city clerk accompanied by an appeal fee in an amount to be established by resolution of the city council. The city council may preside over the hearing on appeal or, in the alternative, the chief of police may appoint a hearing officer to conduct the hearing, receive relevant evidence and submit to the city council findings and recommendations to be considered by the city council. The city council shall render its decision within forty five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty five (45) days from the date on which the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final. (Ord. 96-001, 1-9-1996)

A. Every person, except those persons who are specifically exempt by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in any way, who gives a massage or operates a massage establishment or who advertises massage services within the city without first obtaining a permit and paying for a license to do so from the city, or who shall violate any provision of this chapter, shall be guilty of a misdemeanor 1 .

B. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoining thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (Ord. 96-001, 1-9-1996)