Salinas Municipal Code Art. IV Regulation of Massage Businesses and Technicians

Footnotes:

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Editor's note— Ord. No. 2533(NCS), § 1, adopted Dec. 11, 2012, repealed the former Ch. 16A, §§ 16A-1—16A-23, and enacted a new Ch. 16A as set out herein. The former Ch. 16A pertained to similar subject matter and derived from Ord. No. 1681 (NCS), § 1; Ord. No. 2128 (NCS), § 1. Subsequently, Ord. No. 2598 (NCS), §§ 5 and 6, adopted Sept. 5, 2017, recodified and renumbered Ch. 16A, as Ch. 5, Art. IV, §§ 5-04.01—5-04.16, as set out herein.

It is the purpose and the intent of this chapter to regulate persons and establishments engaged in the practice of massage therapy in order to protect and to promote the public health, safety, and welfare. The regulations imposed in this chapter are intended to be consistent with the uniform statewide regulations promulgated in SB 731 and the massage therapy organization (also known as the California Massage Therapy Council, hereinafter "CAMTC"), as applicable. It is the intent of this chapter to implement a certification process for massage therapy professionals which is consistent with the uniform statewide regulations that will enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training standards consistent with other states; assure that massage therapy cannot be used as a front for prostitution activities in violation of law including, but not limited to, subdivisions (a) or (b) of Section 647 of the California Penal Code.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

Whenever used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) "City" means the City of Salinas.

(b) "Compensation" means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value.

(c) "Massage," "massage therapy," and "bodywork" are used interchangeably in this chapter and shall mean the application of touch to the human body using a variety of techniques which may include any method of pressure or friction, stroking, kneading, rubbing, tapping, stretching, pounding, vibrating or stimulating the external surfaces of the body with hands or with any object or appliance.

(d) "Massage establishment" means any business or establishment, including sole proprietorships, which offers massage therapy in exchange for compensation whether at a fixed place of business or at a location designated by the patron, the massage therapist/practitioners or massage business or establishment.

(e) "Massage practitioner" shall have the meaning ascribed to it in California Business and Professions Code Section 4600(d), as the same may be amended or renumbered from time to time, as someone who is engaged in the practice of massage therapy for compensation.

(f) "Massage therapist" shall have the meaning ascribed to it in California Business and Professions Code Section 4600(c), as the same may be amended or renumbered from time to time, as someone who is engaged in the practice of massage therapy for compensation.

(g) "CAMTC certificate" shall mean a certificate issued by the CAMTC to massage therapists and massage practitioners.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

It shall be unlawful for any person to provide massage therapy in exchange for compensation without first obtaining a valid CAMTC certificate, except for the following individuals:

(a) Any individual licensed to practice the art of healing as defined under California Business and Professions Code Section 500 et seq. while engaging in the practice within the scope of their license;

(b) Any person licensed to practice barbering or cosmetology as defined in California Business and Professions Code Section 7300 et seq. while engaging in a practice within the scope of their license;

(c) Persons who provide massage therapy to any amateur, semi-professional or professional athlete or athletic teams so long as such persons do not practice massage therapy as their primary occupation within city limits;

(d) Any employee of a California state-licensed hospital, nursing home or other state-licensed physical or mental health facility while engaging in a practice within the scope of their employment;

(e) Accredited high schools and colleges, and their coaches and trainers while acting within the scope of their employment; and

(f) Schools of massage, colleges, universities, and their students in training, provided such students provide massage therapy under the supervision of an instructor.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

It shall be unlawful for any person, association, partnership or corporation to operate a massage establishment without a business license issued by the city.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

It shall be unlawful for any person to engage in or conduct a massage establishment in the city for compensation or to practice as a massage practitioner in the city for compensation without having first obtained a permit to conduct such business or to engage in such practice pursuant to this section. Every applicant for a massage establishment permit shall complete an application furnished by the Salinas police department and pay the non-refundable permit fee as determined by resolution of the city council. The permit shall be in addition to any business license required by the Salinas City Code. The following persons are exempt from filing for permits for a massage establishment:

(a) Any person exempt under Section 5-04.03 of this chapter;

(b) Any person with a valid CAMTC certificate or any business in which everyone providing massage holds a valid CAMTC certificate;

(c) Any approved massage schools as that term is defined in California Business and Professions Code Section 4600.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

The Salinas police department shall have a reasonable time, not to exceed sixty days, in which to make a reasonable investigation into the information provided on the application. A massage establishment permit and/or a massage therapist permit shall be issued within sixty days of receipt of the application to any applicant who has furnished all the information required by this section unless the applicant has provided materially false information or unless the Salinas police department reasonably determines that based on the person's criminal history the person is unfit to operate a massage establishment, in which case the massage establishment permit may be denied or restricted.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

A massage establishment permit or a massage practitioner permit issued pursuant to this chapter is not transferable and is valid for twelve months from the date of issuance. At least sixty days prior to the expiration of a massage establishment permit, the permittee shall apply to renew the permit.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

In accordance with California Business and Professions Code Section 4612(c), in order to protect the health, safety, and welfare of the public, the chief of police has the authority to revoke, suspend or restrict a massage establishment or massage practitioner whether such massage establishment or massage practitioner is permitted under this chapter or is exempt from permitting under Section 5-04.03 of this chapter, after the massage establishment or massage practitioner has been given the opportunity for a hearing as set forth in this chapter where any of the provisions of this chapter or state law are violated.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

Any person who has been denied a massage establishment or massage practitioner permit, or any person whose privilege to conduct a massage establishment or to practice as a massage practitioner has been suspended, revoked or restricted may request a hearing conducted by the city manager's office. The request for a hearing must be in writing and must be made within ten calendar days from the date of the decision to deny, suspend, revoke or restrict the permit. Upon receiving a written request for a hearing, the city manager or his or her designee shall call a hearing within fourteen days thereafter, and shall set forth in writing and send to the applicant or the permittee, by means of certified mail or hand delivery, notice of the date, time, and place of the hearing at least five days before the hearing date. The hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension, revocation or restriction. The hearing shall be conducted by a hearing office [officer] appointed by the city manager. The massage establishment or massage practitioner may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event the massage establishment or massage practitioner, or a representative, fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for denial, suspension or revocation of the license or permit shall be considered unrebutted. A copy of the decision of the hearing officer specifying the findings of fact and the reasons for the decision shall be furnished to the massage establishment, massage technician or their representative. The decision of the hearing officer shall be final.

Notwithstanding the foregoing, the police chief may immediately suspend a massage establishment or massage practitioner permit without a prior hearing if he or she determines that the continued provision of massage services constitutes an immediate and significant threat to the public health, safety or welfare. In such case, the city manager or his designee shall conduct the hearing following the suspension.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

In accordance with California Business and Professions Code Section 4612(d), a massage establishment shall be subject to reasonable inspection during regular business hours for the purpose of ensuring compliance with this chapter, state law, and applicable building, fire, electrical, plumbing or health regulations. This applies to those massage establishments that are permitted pursuant to this chapter and those that are exempt from the permitting requirements pursuant to Section 5-04.03.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

The following operating requirements apply to massage establishments that are permitted pursuant to this chapter and those that are exempt from the permitting requirements pursuant to Section 5-04.03. No massage establishment shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, the operation of a massage establishment unless, in addition to those requirements otherwise set forth in this chapter, each and all of the following requirements are met:

(a) In accordance with California Business and Professions Code Section 4612, a massage establishment shall maintain on its premises evidence demonstrating that all persons providing massage therapy at such massage establishment have obtained a valid CAMTC certificate for review by city authorities.

(b) Massage operations shall be carried on, and the premises shall be open, only between the hours of 7:00 a.m. and 12:00 midnight.

(c) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable language. No owner, operator, responsible managing employee, manager or permittee in charge of or in control of the massage establishment shall permit, and no massage practitioner shall offer to perform any services other than those posted.

(d) The massage establishment business license shall be maintained on the premises.

(e) Clean and sanitary towels, sheets, and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted and reuse is prohibited unless they have first been re-laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person, then discarded into a sanitary receptacle.

(f) Disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof shall be provided for any instruments used in performing any massage. Instruments shall be disinfected after use on each patron.

(g) Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material.

(h) All exterior and interior doors shall remain unlocked during business hours, except when there is no staff available to ensure security for clients and for staff who are behind closed doors.

(i) All employees shall wear non-transparent outer garments, covering the sexual and genital areas.

(j) No massage establishment or massage practitioner shall place, publish or distribute or cause to be placed, published or distributed, any advertisement, picture or statement which is known, or through the exercise of reasonable care should be known, to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.

(k) It shall be unlawful for any person in a massage parlor to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.

(l) It shall be unlawful for and [any] massage practitioner, which [is] in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering the sexual or genital parts of his or her body.

(m) No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment.

(n) No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator or manager shall not permit any such person to enter or to remain upon such premises.

(o) No person owning, operating or managing a massage establishment shall knowingly cause, allow or permit in or about such massage establishment any agent, employee or other person under his or her control or supervision to perform any acts prohibited by this section.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

No massage establishment in the city and no massage practitioner practicing within the city shall operate under any name or conduct business under any designation not specified in the permit and/or business license.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

A new application shall be made upon the sale or the transfer of any interest in a massage establishment. Any permit issued for the massage establishment prior to the sale or the transfer of such business shall be null and void.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

The location or any change in location of a massage establishment shall be approved by the chief of police and the community and economic development department provided all applicable provisions of this chapter are complied with and all non-refundable fees as established by resolution of the city council have been paid.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

Nothing in this chapter shall prevent the city from requiring a background check of an owner or operator of a massage establishment who owns five percent or more of a massage business or massage establishment and who is not certified pursuant to state law. In addition to whatever other information the chief of police or his designee may require, except as may otherwise be restricted by state law, the background check may consist of an application that requires the applicant to state information including, but not limited to, the applicant's business, occupation, and employment history for five years preceding the date of application, the inclusive dates of same, and the names and address of any massage business or other like establishment owned or operated by any person who is subject to the background check required by this section.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor. Every person who violates any provision of this chapter may also be subject to administrative citations and provided by the Salinas City Code, which is in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violations of this Code.

(Ord. No. 2533 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 5, 6, 9-5-2017)