Richmond Municipal Code Ch. 9.38 Massage Establishments and Services

It is the purpose and intent of this chapter to provide reasonable rules for the regulation of massage establishments and services which not only acknowledge that massage therapy is a legitimate, viable profession of the healing arts but also protect the health, safety and welfare of the citizens of the City.

Unless otherwise specifically provided or required by the context, the following terms have the following meanings in this chapter.

(a) "Massage" or "massage therapy" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic oil, powder, cream, ointment or other similar preparations, for an economic consideration.

(b) "Massage practitioner" means any person who performs massages in exchange of anything of any value whatsoever; but it does not include any person licensed under Business and Professions Code Section 2135-39 (medicine), 2630 or 2641 (physical therapy), 2732.1, 2733 or 2742 (nursing), 4935 (acupuncture) or under the Chiropractic Initiative Act of 1922, as amended.

(c) "Massage Establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, health treatments involving massage or baths as a primary or secondary function; provided, that "massage establishment" shall not include establishments where massage is administered in conjunction with the practice of a medical doctor, chiropractor, acupuncturist, physical therapist or nurse.

(d) "Off-premise massage service" means massage given other than in a massage establishment; provided that outcall massage service shall not include massage which is administered in conjunction with the practice of a medical doctor, chiropractor, acupuncturist, physical therapist or nurse.

(e) "Employee" means any person working for the permittee of a massage establishment or off-premise massage service, or employing a massage practitioner to serve others.

(Amended by Ordinance No. 13-90 N.S. and 24-95 N.S.)

No person shall operate or allow the operation of a massage establishment or an off-premise massage service without a valid permit.

(Amended by Ordinance No. 24-95 N.S.)

An operator's permit shall not be issued to any person unless the person has first obtained a conditional use permit under Section 15.04.190 for the premises from which the massage establishment or off-premise massage service will be operated.

(Ordinance No. 13-90 N.S. amended by Ordinance No. 24-95 N.S.)

No person shall act as a massage practitioner, nor shall anyone employ a person as a massage practitioner for another person, who does not have a valid massage practitioner permit. Every operator shall maintain a register of all persons so employed and their permit numbers, which register shall be available on the premises of the massage establishment for inspection by members of the Richmond Police Department and other city and County officials during regular business hours.

(Amended by Ordinance No. 24-95 N.S.)

Every person wishing to operate a massage establishment or off-premise massage service, or act as a massage practitioner, shall file a verified written application with the Richmond Police Department, on a form provided by said department, with a nonrefundable application fee of one hundred dollars for operators, and twenty-five dollars for massage practitioners.

(Amended by Ordinance No. 24-95 N.S.)

Every application shall include the following information and attachments to the Police Department's satisfaction as to truth, authenticity, and compliance with this chapter; and the Richmond Police Department may require additional information necessary to assure compliance with this chapter.

(Amended by Ordinance No. 24-95 N.S.)

(a) Every application shall include the applicant's personal and business names, addresses and telephone numbers. If the applicant is an individual, he or she shall also include the two latest previous residence and business addresses. If the applicant is not an individual, its application shall state its legal capacity (corporation, partnership, etc.) and shall include the names and addresses of all officers, directors, shareholders, general and limited partners and financially interested persons.

(b) It shall include the individual applicant's sex, birth date (which must be at least eighteen years before the application), height, weight, color of hair and eyes, Social Security and driver's license numbers, if any, a set of fingerprints taken by the Richmond Police Department and two recent portrait photographs, and the same for all principal officers of nonindividual applicants.

(Amended by Ordinance No. 24-95 N.S.)

(a) The application shall state the individual applicant's experience in massage and related work, and his or her business, occupation or employment for the thirty-six months before application, and the same for all principal officers of nonindividual applicants.

(b) If the applicant or its principal officers have ever had a license or permit for a business, trade, occupation, profession or employment suspended, revoked or denied, the application shall state the circumstances thereof and reasons therefor.

(c) The applicant shall state the circumstances and final disposition of every arrest, prosecution or conviction of the applicant and for all principal officers of nonindividual applicants.

(Amended by Ordinance No. 24-95 N.S.)

Every application for an operator's permit shall also state the exact natures of the massages to be administered, and the locations where they are to be administered and the facilities provided therefor.

(Amended by Ordinance No. 24-95 N.S.)

Every applicant shall show the Richmond Police Department a diploma or certificate of graduation from a public institution or a school approved pursuant to Education Code Section 29007.5, whose purpose is to teach the theory, method, profession and work of massage, and which requires a minimum of one hundred (100) hours of actual class attendance or instruction. If the school is outside the state, it must meet equivalent standards as determined by the Richmond Police Department.

(Amended by Ordinance No. 24-95 N.S.)

Every applicant and permittee shall report in writing to the Richmond Police Department within ten days any changes in the information required in connection with the application, and any changes of circumstances which might result in noncompliance with this chapter or any applicable law, ordinance or regulation relating to health, safety or welfare, and any changes in employees working in a massage establishment or for an off-premise massage service.

(Amended by Ordinance No. 24-95 N.S.)

(a) Upon receipt of a satisfactorily completed application and required fee, the Richmond Police Department shall investigate to determine whether a permit should be issued to the applicant.

(b) The investigation shall encompass the following:

(1) Information in or required by the application and this chapter; and

(2) On applications for operators' permits, referral to the building inspector and/or health officer for inspection of the proposed premises to determine whether there is full compliance with this chapter and with all other applicable laws, ordinances and regulations relating to health, safety and welfare; and

(3) Other material pursuant to this chapter's requirements.

(Amended by Ordinance No. 24-95 N.S.)

(a) A permit will be issued or denied within thirty days after a completed application is filed, and upon payment of a nonrefundable permit fee of seventy-five dollars for operators and twenty dollars for massage practitioners. This permit, unless later revoked, shall be valid for the calendar year in which it is issued. The aforementioned fees shall be prorated based upon the quarter of the year in which the same is issued. The Richmond Police Department shall issue such a permit, unless the investigation finds any of the following:

(1) The applicant or employee or principal officer of nonindividual applicants has been convicted of an offense requiring registration under Penal Code 290 or defined in Penal Code Sections 311 and 311.7, 314, 315, 316, 318, 647(a), (b), (d) of said Penal Code or an offense involving the use of force and violence upon the person of another or lewd conduct; or

(2) The proposed operation will not fully comply with all the requirements of this chapter or of any applicable law, ordinance or regulations relating to health, safety and welfare; or

(3) The applicant, knowingly and with the intent to deceive, has made any false, misleading or fraudulent statement or representation, or material omission, in connection with the application process.

(b) If the Richmond Police Department finds any of the conditions listed in Subsection (a) of this section to exist, it shall deny issuance of a permit, and state the reasons therefor in writing to the applicant.

(Amended by Ordinance No. 24-95 N.S.)

If the applicant is denied a permit, he or she may appeal said denial by following the procedure hereinafter provided for. The applicant must, within fifteen days after receipt of the written notice of denial of the permit, file a written appeal with the City Manager, setting forth the reasons why the permit should have been issued and requesting that the City Manager grant a hearing on said appeal. The City Manager or his designee shall, within fifteen days after receipt of the appeal, grant a hearing on said appeal. Within fifteen days following such hearing, the City Manager or his designee shall issue a written decision to the applicant, either granting, denying or modifying the requested appellate relief. The City Manager shall base his decision on the following:

(1) The information contained in the Richmond Police Department writing mentioned in Section 9.38.120(b);

(2) The information contained in the applicant's written appeal;

(3) The provisions of Section 9.38.120(a); and

(4) The evidence introduced at the hearing.

The City Manager's decision to either grant, deny or modify the permit shall be final.

(Ordinance No. 28-77 N.S. amended by Ordinance No. 24-95 N.S.)

Original and renewal permits shall be serially numbered, nontransferable, and valid for one year from issuance, unless earlier suspended, revoked or terminated.

(Amended by Ordinance No. 24-95 N.S.)

Applicants for renewal of permits shall be submitted to the Richmond Police Department no later than December 1st of the year preceding the year for which the permit is sought. Late applications for renewal of permits shall be charged a one-hundred dollar late filing fee. The fee for the renewed permit shall be the same as for the original permit. Only yearly renewal permits will be issued and no refunds will be granted after a permit has been granted.

(Amended by Ordinance No. 24-95 N.S.)

The Health Officer may make such inspections as he or she deems necessary for the detection of disease transmission and may take all reasonable measures he or she deems necessary to prevent or eliminate such transmission.

(Amended by Ordinance No. 24-95 N.S.)

Every massage establishment shall display its permit and those of its massage practitioner employees in a conspicuous place on the premises. Every massage practitioner permittee, while working, shall wear conspicuously on his person a badge containing his name, a recent photograph and his or her City of Richmond permit number, to be supplied by the Richmond Police Department. Every off-premise massage service shall have its permit available for inspection during all business hours and while performing such services.

(Amended by Ordinance No. 24-95 N.S.)

(a) Every portion of a massage establishment and all equipment shall be maintained in a clean and sanitary condition. Floors shall be kept free from dust, dirt, refuse and vermin. Walls, ceilings and equipment shall be of such construction as to be easily cleaned and shall be kept clean and in good repair.

(b) All the electrical, plumbing, heating and ventilating systems in a massage establishment shall be maintained in accordance with all applicable laws, ordinances and regulations.

(c) All towels, sheets and linens used by massage practitioners or customers shall be clean and freshly laundered and shall not be re-used unless properly laundered and sterilized. Soiled towels, linens, sheets and garments shall be kept in containers provided for this purpose.

(d) Massage establishments shall provide sanitary toilet facilities. All toilets, lavatory facilities and changing rooms shall be maintained in a clean and sanitary condition. Handwashing facilities in good repair with hot and cold running water, along with handwashing detergent or soap and sanitary towels in permanent dispensers, shall be provided in either the toilet room or vestibule thereof. All employees must wash their hands after using toilet facilities; legible signs to this effect shall be posted in each toilet facility.

(e) All employees shall be clean and wear clean outer garments.

(f) All portions of massage establishments shall be provided with adequate light and ventilation by means of windows or skylights with an area not less than one-eighth of the total floor area, or shall be provided with artificial light and a mechanical ventilating system approved by the Building Inspection Department of the City of Richmond. When windows or skylights are used for ventilation, at least one-half of the total required window area shall be operable.

(Amended by Ordinance No. 28-77 N.S. and 24-95 N.S.)

The Richmond Police Department, the Building Inspector or his or her assistant and/or the Health Officer or his or her assistant may make, or cause to be made, inspections of any massage establishment or off-premise massage service during regular business hours, to determine whether there is compliance with the provisions of this chapter.

(Amended by Ordinance No. 24-95 N.S.)

No massage establishment, off-premise massage service or massage practitioner shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter which suggests that any illegal services are available to customers.

(Amended by Ordinance No. 24-95 N.S.)

The Chief of the Richmond Police Department or his or her designee may revoke or suspend any permit granted hereunder if he or she finds, after a hearing wherein the permittee is accorded due process, that:

(1) Any of the provisions or requirements of this chapter have been violated or not fulfilled; or

(2) Any permittee or employee is engaging or has engaged in any illegal conduct; or

(3) The business is being operated without due regard to the health, safety and welfare of the public or customers; or

(4) The permittee refuses to allow any authorized person to inspect the premises or operations therein, or fails or refuses to answer inquiries or furnish information or other things required by this chapter.

(Amended by Ordinance 24-95 N.S.)

Before the Chief or his or her designee suspends, revokes or refuses to renew any permit, a hearing shall be held at which evidence will be received to determine what action, if any, should be taken. Written notice of the grounds for the hearing and its time and place shall be mailed to the permittee ten days prior to said hearing. Within seven days after the hearing, the Richmond Police Department shall mail written notice of the decision to the permittee or applicant.

(Amended by Ordinance No. 24-95 N.S.)

Within thirty days from the effective date of the ordinance codified in this chapter, all operators must submit an application for an operator's permit under the terms of this chapter. In regard to the physical facilities required for all massage establishments by Section 9.38.170(d), (e) and (g), the operator shall be granted one hundred twenty days from the date the permit is issued to insure that these facilities are provided. All other requirements must be met immediately.

(Amended by Ordinance No. 24-95 N.S.)

Within thirty days from the effective date of the ordinance codified in this chapter, all persons currently practicing on the date of such adoption as massage practitioners within the City must submit an application for a massage practitioner's permit under the terms of this chapter. In regard to the standards required by Section 9.38.090(b), these standards will not be required of any person who provides sufficient evidence with his or her application that he or she has for at least six months immediately prior to the passage of the ordinance codified in this chapter, continually and on a full-time basis practiced massage in the City at a massage establishment operating under a business license obtained from the City.

(Amended by Ordinance No. 24-95 N.S.)

(Source: Ordinance No. 34-74 N.S.)