Sacramento Municipal Code Art. I General Provisions

In enacting this chapter, the city council recognizes that commercial massage therapy is a professional pursuit that can offer the public valuable health and therapeutic services. The city council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage therapy establishments may be associated with unlawful activity and pose a threat to the health and quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of massage therapy establishments, discouraging prostitution and other related illegal activities carried on under the guise of massage therapy, and establishing certain operational standards for massage therapy establishments. Furthermore, it is the purpose and intent of this chapter to address the negative impacts of illicit massage therapy establishments to reduce or prevent neighborhood blight, to protect and preserve the quality of the city neighborhoods and commercial districts, and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage therapy establishments. (Ord. 2021-0016 § 26)

The following definitions apply in this chapter:

"Advertisement" means any method used to solicit interest in massage therapy services.

"Athletic club" has the same meaning as in section 17.108.020.

"Certified massage therapy practitioner" means a person who is certified to provide massage therapy services pursuant to California Business and Professions Code section 4604 or 4604.2.

"City manager" means the city manager or the city manager's designee.

"Exterior door" means a door that fronts a public street, highway, walkway, alley, or parking area.

"Exterior window" means a window that fronts a public street, highway, walkway, alley, or parking area.

"Gross receipts" has the same meaning as in section 3.08.020.

"Home occupation" has the same meaning as in section 17.108.090.

"Massage therapy" means any treatment method of pressure or friction against, or massaging, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of, the external surfaces of the body.

"Massage therapy establishment" means a business that receives 10% or more of its annual gross receipts from massage therapy services, whether the services are provided at a fixed place of business or at a different site designated by the customer.

"Massage therapy practitioner" means a person who offers or provides massage therapy services.

"Massage therapy services" means massage therapy provided for compensation.

"Out-call massage therapy service" means massage therapy services provided at a site designated by the customer.

"Owner" means any sole proprietor, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or holder of other ownership interest in a massage therapy establishment.

"Permitted residence" has the same meaning as in section 17.228.200.B.

"Recognized school of massage therapy" means a school or institution of learning that teaches the theory, ethics, practice, profession, and work of massage therapy, with a curriculum of not fewer than 100 hours of classroom instruction, which is an "approved school" as defined by California Business and Professions Code section 4601 or a comparable certifying agency in another state.

"Site" means the portion of a parcel or parcels of real property upon which massage therapy services are provided. (Ord. 2021-0016 § 26)

This chapter does not apply to:

A. Certified massage therapy practitioners who are not operating a massage therapy establishment;

B. Barbers or cosmetologists operating barbering or cosmetology businesses pursuant to the applicable license or certificate issued by the state;

C. Athletic clubs, if the massage therapy services are provided at the athletic facility only;

D. Hospitals, nursing homes, and other state-licensed health care facilities; or

E. Recognized schools of massage therapy. (Ord. 2021-0016 § 26)

A. No person shall offer or provide massage therapy services unless the person is a permitted massage therapy practitioner or a certified massage therapy practitioner.

B. No person shall own, lease, or have charge or possession of any property upon which, knowingly or unknowingly, massage therapy services are provided by a person who is not a permitted massage therapy practitioner or certified massage therapy practitioner.

C. No person shall operate a massage therapy establishment without a valid massage therapy establishment permit.

D. A massage therapy establishment permit is valid for only one site. (Ord. 2021-0016 § 26)

A. Massage therapy practitioner permits and massage therapy establishment permits are valid for two years from the date that the permit is issued, unless surrendered, suspended, or revoked sooner.

B. To renew a massage therapy practitioner permit or a massage therapy establishment permit, the permittee shall submit an application in accordance with section 5.124.200. The permittee shall submit the application no later than 30 days prior to the permit expiration date. Untimely applications may be subject to a late penalty in an amount established by resolution of the city council. (Ord. 2021-0016 § 26)

No person shall sell, assign, or transfer a massage therapy practitioner permit or a massage therapy establishment permit. Any attempt to sell, assign, or transfer a permit is unlawful and void, and results in the automatic revocation of the permit. (Ord. 2021-0016 § 26)

A permitted massage therapy practitioner or massage therapy establishment shall defend, indemnify, and hold harmless the city, its officers, employees, and agents from and against all actions, losses, damages, liability, costs, and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the permittee, officers, or employees, arising from the offer and sale of massage therapy services. (Ord. 2021-0016 § 26)

Massage therapy establishments shall comply with California Civil Code section 52.6. The required notices, which include slavery and human trafficking information and telephone hotline numbers, shall be printed in English, Spanish, Chinese, and other appropriate languages as determined by the City. (Ord. 2021-0016 § 26)

No person shall use any device as an early warning system for the presence of law enforcement officers or city personnel, including light or music dimmers, electronic detection devices, and alarm systems other than those used for fire alarms. (Ord. 2021-0016 § 26)

No person shall make, print, publish, or disseminate an advertisement for any activity that violates this chapter. (Ord. 2021-0016 § 26)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Notwithstanding any other provision of this chapter, any person who violates section 5.124.030 is guilty of a misdemeanor. (Ord. 2021-0016 § 26)