Riverside County Municipal Code Ch. 5.32 Massage Establishments

Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended.

"Health officer" means the director of the health department of the county, or his or her designated representative.

"Massage" means pressure on, friction against, stroking and kneading the body by manual or mechanical means, with or without appliances such as vibrators, infrared heat, sun lamps and external baths, for the purpose of maintaining good health and establishing and maintaining good physical condition.

"Massage business" means the operation of an establishment where massage is given.

"Massage technician" means any person who, for consideration, gives or administers to another person a massage.

"Panel" means the massage examining panel of the county.

"Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.

"Practice of massage" means the performance of massage for compensation, either as the owner of or as an employee of a massage business, either at or away from the place of business.

"Sheriff" means the sheriff of the county, or his or her designated representative.

(Ord. 596.1 § 1, 1989)

No person:

A. Shall conduct a massage business in the unincorporated area of the county unless such person is eighteen (18) years of age or older and possesses a valid massage business license;

B. Shall engage in or hold himself or herself out as engaged in the practice of massage in the unincorporated area of the county unless such person is eighteen (18) years of age or older and possesses a valid massage technician license. The possession of a valid massage business license does not allow the holder thereof to engage in the practice of massage;

C. Who is the owner, operator, responsible managing employee or manager of a massage business, shall employ or permit any individual to engage in the practice of massage unless such individual is eighteen (18) years of age or older and possesses a valid massage technician license.

(Ord. 596.1 § 2, 1989)

The provisions of this chapter shall not apply to:

A. Persons licensed under the Business and Professions Code, or an initiative act, to do any acts included in the definition of massage or persons working under the licentiate's orders, direction and supervision in the manner set forth in said code or initiative act;

B. Trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program.

(Ord. 596.1 § 3, 1989)

A massage business shall meet the following minimum requirements:

A. Conduct, or otherwise operate, a massage business only between the hours of seven a.m. and twelve midnight;

B. Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises in which the massage business is located;

C. Display the massage business license, and a copy of the license of each massage technician therein, in a conspicuous place in the premises in which the massage business is located;

D. Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage and the type of massage given. Such records shall be made available, upon request, for inspection by the sheriff. The information contained in such records shall be confidential;

E. Provide a minimum of one bathtub or shower, and one toilet and wash basin facilities for the patrons; provided, however, if male and female patrons are to be served simultaneously, separate facilities shall be provided for such patrons. Where steam rooms or sauna baths are provided and male and female patrons are to be served simultaneously, separate steam rooms or sauna baths shall be provided for such patrons. Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be located within or as close as practicable to each area in which massages are administered;

F. Maintain lighting intensity of not less than seventy (70) foot candle power at floor level in any room or enclosure in all public rooms, hallways and within each room or enclosure where massages are administered;

G. Maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use;

H. Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen";

I. Provide disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof for any instruments used in the performance of any massage;

J. Cover pads used on massage tables in a workmanlike manner with durable, washable plastic or other waterproof material;

K. Unlock all exterior doors from interior side during business hours;

L. Provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge;

M. Shall not operate as a school of massage, or operate in the same location, or use the same facilities as that of a school or use the same facilities as that of a school of massage except as otherwise may be provided by law. It is unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee or, another student of the school, or a dummy may be used.

(Ord. 596.1 § 4, 1989)

The massage examining panel is established and shall consist of three members, appointed by the health officer, who are qualified by reason of education and experience concerning the methods and procedures used in the practice of massage. The health officer shall develop and establish standards and procedures for the panel governing the administration of examinations for applicants for a massage technician license in order to determine whether such applicants are competent to engage in the practice of massage, and the health officer shall exercise such supervision as may be necessary to assure compliance therewith.

(Ord. 596.1 § 5, 1989)

A. Applications for a massage business license, a massage technician license, or a renewal of such licenses, shall be filed with the office of the sheriff on forms prescribed by the sheriff, and shall be signed under penalty of perjury. The fee for a massage business license, massage technician license, or license renewal shall be established pursuant to Ordinance No. 1003, plus such sum as is currently charged by the Department of Justice of the State of California for a fingerprint check of an individual. The appropriate fee shall accompany the filing of each application. These fees are nonrefundable and shall be used to defray the cost of processing each such application.

B. All licenses shall be valid for a period of one year following issuance. Applications for renewal thereof shall be filed no more than sixty (60) days and no less than thirty (30) days prior to the expiration of such period. If an application for renewal is filed less than thirty (30) days prior to the expiration of such period, the applicant shall pay an additional fee of fifty dollars ($50.00). No application for renewal shall be filed with, or accepted by, the sheriff after the expiration of such period. Renewal of licenses shall be by the sheriff, unless, in his or her opinion, the application for renewal of a massage technician license should be referred to the health officer.

C. Upon receipt of an application for a massage business license, the sheriff shall cause an inspection to be made of the premises within which a massage business is to be conducted within twenty (20) days to ascertain if such premises are in compliance with the provisions of this chapter, other applicable ordinances of the county and the laws of the state of California. If such premises are not in compliance, the sheriff shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises to be made upon written request by the applicant; provided, however, that such request for reinspection is. made within thirty (30) days after notice of noncompliance has been given by the sheriff.

D. Upon receipt of an application for a massage technician license, the sheriff shall request the health officer to conduct an examination of the applicant. If the applicant fails to pass such examination, the health officer shall notify the sheriff and the sheriff shall notify the applicant of the results thereof, in writing, and shall cause a re-examination of the applicant upon written request by the applicant; provided, however, that such request for re-examination is made within thirty (30) days and no later than sixty (60) days after notice of the results have been given to the applicant by the sheriff. In the event the applicant fails to pass such re-examination, the health officer shall notify the sheriff and the sheriff shall notify the applicant of the results thereof, in writing, but no additional re-examinations shall be conducted.

E. Upon receipt of an application for a massage business license or massage technician license, the sheriff shall investigate the truth of the matters set forth in the application. The sheriff may make inquiries to any office or department of the county and to any federal, state or local agency which the sheriff deems essential to carry out a proper investigation of the applicant.

F. In the event an application for a massage technician license is denied by the sheriff, the person who filed such application may not file another application for a massage technician license for a period of six months after notice of such denial was given pursuant to Section 5.32.100.

(Ord. 596.1 § 6, 1989)

(Ord. 596.2, § 1, 7-13-2010; Ord. No. 596.3, § 1, 11-18-2025)

Massage technicians shall be fully clothed in hygienically clean apparel while engaged in the practice of massage. As used in this section, "fully clothed" means the wearing of clothing which is comparable to the clothing commonly worn by nurses and physical therapists while performing their respective professional duties.

(Ord. 596.1 § 7, 1989)

The sheriff shall issue:

A. A massage business license to any adult applicant:

1. Whose massage business premises are in compliance with the provisions of this chapter, other applicable ordinances of the county and the laws of the state of California, and

2. Who has not committed any acts or crimes constituting grounds for denial under Section 5.32.090;

B. A massage technician license to any adult applicant:

1. Who has satisfactorily demonstrated to the health officer to be free of any active communicable disease,

2. Who has passed the examination conducted by the panel, and

3. Who has not committed any acts or crimes constituting grounds for denial under Section 5.32.090.

(Ord. 596.1 § 8, 1989)

A. The sheriff may deny an application for any license, or renewal thereof, required under this chapter, if he or she finds:

1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;

2. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another;

3. That the applicant has been convicted of any crime.

A "conviction" means a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the sheriff which shows to the sheriff's satisfaction that the applicant has been rehabilitated; or

4. That the applicant does not meet the qualifications required under Section 5.32.080.

B. Such denial may be made only if the act or crime referred to in subsection (A)(2) or (A)(3) of this section are substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage.

C. The sheriff may suspend or revoke a license required under this chapter, if he or she finds:

1. That the licensee has violated any of the provisions, or failed to comply with any of the requirements, of this chapter; or

2. That the licensee has engaged in the practice of massage or the management of a massage business that does not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or for any reason for which the application for any license, or renewal thereof, required under this chapter could have been denied.

(Ord. 596.1 § 9, 1989)

If, after an investigation, the sheriff proposes to suspend or revoke a license or deny an application for such license, he or she shall prepare a notice of such intention setting forth the reasons therefor, and such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested, to the licensee's or applicant's address as provided in the application. The notice shall set a date, time and place for a hearing relative to such suspension, revocation or denial before the sheriff, which date shall be not less than ten (10) days after service of the notice. Unless the licensee or applicant requests to be heard at the time and place specified in such notice within seven days after service thereof, the proposed decision set forth in the notice shall be final as of the date set for hearing by such notice. If a hearing is requested and the sheriff decides to suspend or revoke the license, or deny the application, the licensee or applicant may appeal the decision by filing with the clerk of the board of supervisors, within ten (10) days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such suspension, revocation or denial is not proper, otherwise such decision shall be final. The clerk shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the board of supervisors shall not be limited by the technical rules of evidence.

(Ord. 596.1 § 10, 1989)

The sheriff shall, from time to time, and at least once a year, cause an inspection to be made of the premises and facilities of each massage business located within the unincorporated area of the county.

(Ord. 596.1 § 11, 1989)

No license issued hereunder shall be transferable from one person to another. A massage business license shall be issued for a specific location, and shall in no event be transferable from one location to another.

(Ord. 596.1 § 12, 1989)

Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. 802 § 1(e), 2000; Ord. 596.1 § 13, 1989)

The provisions of Section 5.32.130 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.

(Ord. 596.1 § 14, 1989)