Rialto Municipal Code Ch. 5.24 Massage Parlors and Massage Technicians

The following words as used in this chapter shall have the signification attached to them in this section unless otherwise clearly apparent from the context:

A. "Massage" means and includes the manipulation of the human body tissues for remedial or hygienic purposes by rubbing, touching, stroking, tapping, kneading, accupressure or vibrating with the hands or by an instrument.

B. "Massage parlor" means any massage establishment or place of business wherein massage as to all, or any one or more of the above-named subjects and methods is administered or used.

C. "Massage technician" means any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage: the art of body massage or accupressure, either by hands or with a mechanical or vibrating apparatus for the purpose of body massaging, reducing or contouring, the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. Variations of the above following procedures are employed: Touch, stroking, friction, kneading, vibration, percussion, accupressure and medical gymnastics. Massage technicians shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicine or drugs.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Every person practicing, engaging or carrying on the business of a massage technician, or conducting a massage parlor, shall pay a business license fee. The fee for massage technicians who do not maintain a permanent place of business in the city is one hundred dollars per day. The fee for massage technicians and massage parlor operators maintaining a permanent place of business in the city shall be one thousand two hundred fifty dollars for the first year; provided, however, that if there are no civil or criminal complaints regarding the licensee's operations during such year, the sum of seven hundred fifty dollars of such fee shall be refunded to the licensee. Thereafter, the license fee shall be five hundred dollars per year.

(Ord. 983 (part), 1986)

A. It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a massage parlor, or to render or permit to render massage services at any location removed from a massage establishment within the city in the absence of a city business license and permit issued pursuant to the provisions hereinafter set forth.

B. Massage Technicians to be Licensed. It is unlawful for any person or persons to engage in the practice, or attempt to practice, massage, whether for a fee or gratuity, or to conduct massage without a permit issued pursuant to the provisions of this section.

C. It is unlawful for any person, association, firm or corporation to operate or conduct any massage parlor which does not conform to the sanitary provisions contained in this chapter, or to employ any person as a massage operator who does not hold a permit.

D. All applicants for a license under this chapter shall be subject to a waiting period not to exceed one hundred twenty days starting from the date such license is first applied for. During such time, as a condition precedent to such applicant's right to receive a business license under this chapter, the applicant shall present evidence satisfactory to the city licensing officer necessary to conduct an investigation to support or reject a permit to carry on the business of a massage technician or massage parlor.

E. The processing and investigative fee for each massage technician and/or massage parlor operator, shall be twenty-five dollars each and is nonrefundable.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The requirements of this chapter shall have no application and no effect upon, and shall not be construed as applying to, any physician, surgeon, chiropractor, osteopath or physical therapist fully licensed by the state, or any nurse, assistant, trainee or other person administering under the immediate direction, supervision and control of any physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the state. This section does not apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice any such art or professions under the Business and Professions Code of the state or any other law of the state.

(Ord. 983 (part), 1986)

An applicant for a permit shall submit the following information:

A. Full name and any aliases heretofore used or currently used, and current addresses;

B. Fingerprints, as may be required by the police department of the city, and current fees as may be required by the State Department of Justice, for processing such fingerprints;

C. The two previous business and residence addresses of the applicant immediately prior to the current address;

D. Written statements of at least three bona fide residents of San Bernardino County that the applicant is a person of good moral character;

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

F. Applicant's height, weight, color of hair and eyes;

G. Two current photographs at least two inches by two inches in size;

H. The business, occupation or employment of the applicant for three years immediately preceding the date of the application;

I. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation;

J. All convictions and the grounds therefor;

K. A certificate from a medical doctor designating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession, or work of massage technician or therapist is taught. "Recognized school" means and includes any school or institution of learning approved by the California State Board of Education, which has for its purpose the teaching of the theory, method, profession or work of massage technician, and which school requires a resident course of study of not less than six hundred hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such study or learning. Schools offering correspondence courses and not requiring actual class attendance shall not be deemed recognized schools. The city clerk shall confirm an applicant has actually attended classes and matriculated in a recognized school.

(Ord. 983 (part), 1986)

Upon payment of all fees, submitting of all information required by the application and upon proper inspection, a permit shall be granted, if all requirements of all departments concerned as well as those described in this chapter are met, and unless it appears that any such applicant has deliberately falsified the application, or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude. Any person denied a permit pursuant to these provisions may appeal to the city council in writing, stating reasons why the permit should be granted. The city council may grant or deny the permit. All permits issued hereunder are nontransferable; provided, however, that a change of location of a massage parlor may be permitted pursuant to the provisions of this chapter.

(Ord. 983 (part), 1986)

Every person to whom a permit shall have been granted shall display said permit in a conspicuous place.

(Ord. 983 (part), 1986)

A change of location of the massage premises shall be approved by the city licensing officer, provided all general ordinances are complied with and the change of location fee of ten dollars is first paid.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

All permits issued under provisions of this chapter shall expire on the first day of January of each year. A renewal permit may be issued upon application to the city licensing officer and the payment of a renewal fee of ten dollars. Any application for renewal must be made on or before the fifteenth day of January of each year. In the event of failure to so apply for renewal of a permit on or before the fifteenth day of January, a person whose permit has expired shall be deemed a new applicant and shall have to requalify under the provisions of this chapter.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

No permit to conduct a massage parlor shall be issued unless an inspection discloses that the massage parlor complies with each of the following minimum requirements:

A. A readable sign shall be posted at the main entrance identifying the establishment as a massage parlor; provided, also, that all such signs shall otherwise comply with the general sign requirements of the ordinances of the city.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code, and additionally, at least one artificial light of not less than forty watts shall be provided each enclosed room or booth where massage services are being rendered.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.

E. Hot and cold running water shall be provided.

F. Closed cabinets shall be utilized for the storage of clean linen.

G. Adequate dressing and toilet facilities shall be provided for the patrons. Such facilities shall be equipped with adequate locking devices.

H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage parlor shall be kept in good repair, maintained in a clean and sanitary condition.

I. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.

(Ord. 983 (part), 1986)

No massage parlor shall be open between the hours of ten p.m. and seven a.m. Massage parlors shall not serve food or beverages on the premises of the massage parlor.

(Ord. 983 (part), 1986)

No person shall be employed, used, or permitted to practice as a massage technician by the holder of the permit for a massage parlor unless such massage technician has first obtained a valid permit pursuant to this section. Each massage technician shall biannually submit a certificate from a medical doctor designating that such massage technician has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease.

(Ord. 983 (part), 1986)

No massage technician or massage parlor owner or employee may expose his or her genitals, buttocks, or in the case of a female, her breast(s), nor, in the course of administering a massage, make intentional contact with the genitals or anus of any other person. Violation of this section shall not constitute a misdemeanor or an infraction, but such violation may be used as a ground for license revocation pursuant to the provisions of Sections 5.24.150, 5.24.160 and 5.24.170.

(Ord. 983 (part), 1986)

Activities which include, but are not limited to, the audio and/or video recording of massage procedures delivered to patrons or others by massage technicians are prohibited. Such recordings include, but are not limited to, audio recording, video recording, closed-circuit television, and photography, both still and motion pictures.

(Ord. 983 (part), 1986)

At least twice a year an inspection of the massage parlor may be made for the purpose of determining that the provisions of this chapter are met. Such inspections may be made by the chief of police, chief code enforcement officer and/or the city licensing officer or their representative.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Every person, association, firm or corporation operating a massage parlor under a permit as provided in this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Identical records shall be kept of treatment rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this chapter.

(Ord. 983 (part), 1986)

The permit of a massage technician may be revoked on one or more of the following grounds:

A. That the holder is guilty of fraud or deceit in his/her being licensed to the practice of massage;

B. That the holder is practicing massage in a manner intended to arouse, appeal to, or gratify the lust or passions or sexual desires of another, whether by performing the activities described in Section 5.24.115, or otherwise;

C. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall be the conviction of an offense which, if committed within the state, would constitute a felony under the laws thereof;

D. That the holder is impersonating another practitioner of a like or different name;

E. That the holder has employed, allowed or permitted an unlicensed person to perform massage in his or her massage parlor.

(Ord. 983 (part), 1986)

If any person holding a permit to carry on the business of a massage technician or a massage parlor, as provided in this chapter, or any other ordinance or law relating to or regulating such business shall conduct or carry on such business contrary to the provisions of this chapter or any other ordinance or law relating to or regulating such business, it shall be the duty of the city licensing officer, in addition to other penalties provided in this chapter, to suspend the permit to carry on such business. No permit shall be revoked until after a hearing shall be conducted before the city council relating to such revocation, but the city licensing officer may order such permit suspended pending such hearing, and it is unlawful for any person to carry on the business of a massage technician or a massage parlor after the permit has been suspended until reinstated by the city council. Notice of such hearing shall be given in writing and shall be served at least ten days prior to the date of the hearing thereon, which notice shall state the grounds of complaint against the holder of such permit, or against the business carried on by him/her and shall also state the time when and the place where such hearing will be held. The notice shall be served upon the holder of such permit by delivering the same to such person, his/her manager or agent, or to any person in charge of, or employed in the place of business of such licensee, or by leaving such notice at the place of business or residence of such person with some person of suitable age and discretion. In the event the holder of such license cannot be found, and a service of such notice cannot be made upon him or her in the manner provided in this section, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such holder or such licensee at his/her place of business or residence at least ten days prior to the date of such hearing.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Any massage parlor operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the district attorney or city attorney may, in addition to or in lieu of prosecution in a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such courts or court as may have jurisdiction to grant such relief as will abate or remove such massage parlor and restrain and enjoin any person from operating, conducting or maintaining a massage parlor contrary to the provisions of this chapter.

(Ord. 983 (part), 1986)

This chapter and the various parts, sections and clauses thereof are hereby declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby. The city council declares that it would have passed this chapter and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid.

(Ord. 983 (part), 1986)