San Bernardino County Municipal Code Ch. 19 Massage Clinics

For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meanings set forth herein. Words used in the present tense includes the future tense, plural words include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meanings. The word “shall” as used herein is mandatory and not merely directory.

CUSTOMER. All clients, customers, patrons, guests, and any other persons who receive a massage.

MASSAGE. The scientific manipulation of the soft tissues, or as otherwise defined in the Message Therapy Act (Chapter 10.5 (commencing with § 4600) of Division 2 of the Business and Professions Code) or defined by the California Massage Therapy Council.

MASSAGE CLINIC. Any massage clinic, parlor, business, or any room, place or institution where massage is given or administered by a massage technician.

MASSAGE TECHNICIAN. Any person who gives, performs, or administers to another person a massage.

NOTICE ADDRESS. The address designated by the applicant or licensee for the mailing of all notices, legal mail, and other written communications from the County to the applicant or licensee.

PERSON. An individual, firm, corporation, partnership, association, or other form of business organization or group.

RECOGNIZED SCHOOL. Any school or institution of learning which teaches the theory, ethics, practice, profession, and work of massage, which school or institution has been approved by the California Massage Therapy Council.

RESPONSIBLE DEPARTMENT. For purposes of this Chapter the Land Use Services Department of the County of San Bernardino.

SOLE PROVIDER. A massage clinic where the owner owns 100 percent of the clinic, and is the only person who provides massage services for compensation for that clinic pursuant to a valid and active certificate issued in accordance with Chapter 10.5 of Division 2 of the Business and Professions Code. If the definition of sole provider changes in Chapter 10.5 of Division 2 of the Business and Professions Code, then the new definition applies in this Chapter.

(Ord. 3484, passed - -1992; Am. Ord. 3518, passed - -1992; Am. Ord. 3556, passed - -1993; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

This Chapter shall not apply to the following classes of individuals, and no massage clinic license shall be required of such persons, while engaged in the performance of the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California, and persons working at the place of business and under the supervision of a licensed physician, surgeon, chiropractor, osteopath, or physical therapist;

(b) Nurses who are registered as such under the laws of the State of California;

(c) Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State of California;

(d) Athletic trainers;

(e) Acupuncturists who are duly certified to practice their profession in the State or California.

(f) Massage clinics or massage technicians that are sole providers.

(Ord. 3484, passed - -1992; Am. Ord. 3556, passed - -1993; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

It shall be unlawful for any person to own or operate a massage clinic within the unincorporated area of the County of San Bernardino without having an unexpired license issued under this Chapter.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) Any person desiring to obtain a license to operate a massage clinic or renew an existing massage clinic license shall complete an application form provided by the responsible department of the County. Said application shall include, but not necessarily be limited to, the following items:

(1) The full name of, and any aliases currently or previously used by, the applicant, all officers and directors of the massage clinic, each owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, all partners.

(2) The work and residential addresses of the applicant, all officers and directors of the massage clinic, each owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, all partners.

(3) A description of the height, weight, color of eyes, and hair of the applicant, all officers and directors of the massage clinic, each owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, all partners. The responsible department or the responsible department’s designee shall photograph each of the above-described persons.

(4) A certified birth certificate, immigration papers, passport, or current California driver’s license evidencing the fact the applicant is not less than 18 years of age.

(5) A description of the business, occupation, or employment of the applicant, all officers and directors of the massage clinic, each owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, all partners. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and a copy of the articles of incorporation must be attached to the application.

(6) The address of each location where the licensed activities will be conducted.

(7) The name, home address, number of the state certificate or the County massage technician license, and address of the location worked, of each massage technician to be employed or used by the massage clinic.

(8) A description of any massage clinic licenses or permits previously issued by the County or any other public agency to the applicant, all officers and directors of the massage clinic, each owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, all partners, and a statement as to whether or not any such license or permit was ever suspended or revoked.

(9) A statement of whether the applicant or any officer or director of the massage clinic, any owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, any partner: is, or has been, required to register under the Sex Offender Registration Act (Chapter 5.5 (commencing with § 290) Title 9 of Part 1 of the Penal Code); is, or has been, required to register as a sex offender in another state; was convicted of any sexually related crime; was convicted of Penal Code § 647, excluding subdivisions (c), (e), and (f); or was convicted of any of the offenses described in Government Code § 51032.

(10) The address to which all notices and communications from the County to the applicant or licensee shall be directed. It shall be the responsibility of the applicant or licensee to immediately inform the responsible department in writing, of any change to the applicant’s or licensee’s notice address.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) An applicant shall submit the completed application to the Sheriff’s Department and pay any applicable Sheriff’s Department fee.

(b) The Sheriff’s Department shall conduct an investigation of the application. The Sheriff’s Department shall review the information set forth in the application. The Sheriff’s Department is authorized to request additional documents and information that are reasonably related to the licensing requirements of this Chapter from the applicant, any officer or director of the massage clinic, any owner of the massage clinic who has at least a ten percent share of the ownership, and, if the massage clinic is a partnership, any partner. The Sheriff's Department shall require the applicant to be fingerprinted and to pay the fingerprinting fee in effect.

(c) The Sheriff's Department shall promptly report to the responsible department whether the application meets all of the requirements of this Chapter and all other applicable laws.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

An applicant shall submit the completed application to the Planning Division of the Land Use Services Department for a review of whether the massage clinic complies with the development standards of Chapter 84.13 of the Development Code. The applicant shall pay any applicable Land Use Services Department fee. The Planning Division shall promptly report to the responsible department whether the application meets all of the requirements of Chapter 84.13 of the County Development Code. An application for the renewal of a massage clinic license shall not require a review under this Section.

(Ord. 3484, passed - -1992; Am. Ord. 3518, passed - -1992; Am. Ord. 3758, passed - -1999; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

An applicant shall submit the completed application to the San Bernardino County Fire Protection District (Fire Protection District) for inspection. The applicant shall pay any applicable Fire Protection District fee. The Fire Protection District shall promptly report to the responsible department whether the application meets all of the applicable requirements of the inspection. An application for the renewal of a massage clinic license shall not require an on-site inspection pursuant to this Section.

(Ord. 3484, passed - -1992; Am. Ord. 3518, passed - -1992; Am. Ord. 3758, passed - - 1999; Am. Ord. 4263, passed - -2014; Ord. 4381, passed - -2020)

(a) An applicant shall submit the completed application to the Division of Environmental Health Services Division (DEHS) of the Department of Public Health and pay any applicable DEHS fee. DEHS or the designee of DEHS shall promptly conduct an investigation to determine compliance with the requirements of this Section. An application for the renewal of a massage clinic license shall not require an on-site inspection pursuant to this Section.

(b) Requirements.

(1) A readable exterior sign shall be posted at the main entrance identifying the establishment as a massage clinic, provided, however, that all such signs shall otherwise comply with the sign requirements of the County Code.

(2) No sign or advertisement on the premises of the massage clinic may contain explicit language or graphic pictures describing sexual acts or genitalia.

(3) Minimum lighting shall be provided in accordance with the Uniform Building Code as adopted by the County. In addition, at least one unobstructed artificial light, white in color, of not less than 60 watts shall be provided and used at all times in each enclosed room or booth while massage services are being rendered.

(4) Minimum ventilation shall be provided in accordance with the Uniform Building Code as adopted by the County.

(5) Instruments used for massage shall be disinfected prior to each use by a reasonable method approved by DEHS. Where such instruments for massage are employed, adequate quantities of supplies for disinfection shall be available during all hours of operation.

(6) Hot and cold running water shall be provided.

(7) Closed cabinets shall be utilized for the storage of clean towels and linen. After use, towels and linen shall be removed from the room or booth and stored in a clean container until laundered.

(8) Dressing and toilet facilities shall be provided for patrons.

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

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

(11) Licensees under this Chapter shall insure that all persons working on the massage clinic premises, including all massage technicians, shall be dressed in clothing made of an opaque material, and at a minimum, shall not expose the technician’s undergarments or bare midriff, or any specified anatomical areas, and shall comply with the following requirements, as applicable:

(A) All garments covering the upper torso (e.g., shirts or dresses) shall have sleeves not less than two inches in length, measuring from the top of the shoulder, and necklines no lower than two inches below the clavicle.

(B) Hems of dresses, skirts, smocks, or other similar garments shall not be more than two inches above the top of the knee.

(C) Cuffs or hems of shorts, culottes, pants or other similar garments shall not be more than six inches above the top of the knee.

(12) Any massage clinic license issued by the County shall be displayed in a conspicuous place within view of customers.

(13) Each massage technician providing services at the clinic must display his or her County issued massage technician license or State issued certificate wherever he or she provides massages for compensation.

(14) The premises to be used for massage services shall at all times comply with applicable laws.

(c) DEHS shall promptly report to the responsible department whether the application meets all of the requirements of this Section. Upon determining that the massage clinic complies with the requirements of this section, DEHS shall issue to the massage clinic a health permit. Said health permit shall be posted in a conspicuous place on the premises of the massage clinic. DEHS shall conduct annual compliance checks.

(Ord. 3484, passed - -1992; Am. Ord. 3518, passed - -1992; Am. Ord. 3758, passed - -1999; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) After completion of the investigation by the Sheriff’s Department, the Planning Division, the Fire Protection District, and DEHS, the applicant shall submit the completed application to the responsible department for further processing. The application shall be accompanied by a nonrefundable fee to the responsible department as specified in Chapter 2 of Division 6 of Title 1 of the County Code relating to fees.

(b) An application for a massage clinic license shall be denied for any of the following reasons:

(1) The applicant failed the inspection by the Sheriff’s Department.

(2) The applicant failed the inspection by the Planning Division.

(3) The applicant failed the inspection by the Fire Protection District.

(4) The applicant failed the inspection by DEHS.

(5) The applicant, any officer or director of the massage clinic, any owner of the massage clinic who has at least a ten percent share of the ownership, or, if the massage clinic is a partnership, any partner has within ten years immediately preceding the date of the application been convicted of any of the offenses set forth in § 41.1904(a)(9) or has been required to register as a sex offender as set forth in § 41.1904(a)(9).

(6) The applicant, any officer or director of the massage clinic, any owner of the massage clinic who has at least a ten percent share of the ownership, or, if the massage clinic is a partnership, any partner has had a massage clinic license or massage technician license revoked or suspended for cause within the five year period immediately preceding the date of the application.

(7) The application is incomplete.

(8) The applicant has knowingly misstated facts or falsified information on the application.

(9) The applicant has failed to comply with any of the requirements of this Chapter.

(10) The applicant has conducted a business requiring a massage clinic or massage technician license in the unincorporated portion of the County without such a license within the five years immediately preceding the date of the application.

(11) The premises used or to be used for massage services fails to comply with applicable laws, including, but not limited to building, fire, electrical, plumbing and/or State and local health and safety codes and regulations.

(c) If the responsible department denies an application, the responsible department shall cause a “notice of denial” to be mailed by first class mail, postage prepaid, to the notice address designated by the applicant.

(d) If the responsible department approves an application, the responsible department shall issue a massage clinic license to be mailed by first class mail, postage prepaid, to the notice address designated by the applicant.

(Ord. 3484, passed - -1992; Am. Ord. 3556, passed - -1993; Am. Ord. 3579, passed - -1994; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

Every holder of a license issued under this Chapter shall pay a license fee as specified in Chapter 2 of Division 6 of Title 1 relating to fees in addition to all other fees required under this Chapter.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

All licenses issued under this Chapter are non-transferable both as to location, and as to the person holding the license.

(Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) Each license issued under this Chapter shall terminate at the expiration of two years from the date of its issuance unless revoked prior to said termination pursuant to § 41.1918.

(b) No application for the renewal of a license shall be accepted earlier than 90 days prior to expiration of the license. Any renewal of a license issued under this Chapter shall be subject to the same procedures and requirements of this Chapter.

(c) If a renewal application is filed during the pendency of a proceeding to suspend or revoke the license, the County is authorized to consider and make findings from such proceeding upon such application in accordance with this Chapter.

(Ord. 3484, passed - -1992; Am. Ord. 3603, passed - -1995; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) Licensees under this Chapter shall not permit anyone not holding a valid unexpired massage technician’s license issued by the County or a certificate issued pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code to perform massages in the licensed massage clinic.

(b) Licensees under this Chapter must notify the responsible department, in writing, of the name, license or certificate number, date of hire, and location of work, of each massage technician employed or otherwise utilized by the massage clinic. The written notice must be provided within five days of the massage clinic hiring or utilizing the services of a massage technician, whichever is first. Notification must be provided of the termination of the services of each massage technician within five days of the termination.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

No massage clinic shall be open or conduct business between the hours of 10:00 p.m. and 7:00 a.m. Massage clinics shall not sell or serve food or beverages to any patrons on the premises of the massage clinic.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) A massage technician, whether or not certified pursuant to the Massage Therapy Act (Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with § 4600)), shall not engage in any behavior or do anything that violates or that is otherwise contrary to the requirements of the Massage Therapy Act or that would constitute a ground for the denial or revocation of a certificate issued pursuant to the Massage Therapy Act or that would constitute a ground for the discipline of a holder of a certificate issued pursuant to the Massage Therapy Act. The responsible department may suspend or revoke a license issued pursuant to this Chapter or the conduct of individuals providing massage for compensation on the business premises that violate the above-identified chapter of the Massage Therapy Act, including but not limited to a violation of subdivision (b) of § 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of § 4609 of the Business and Professions Code.

(b) No massage services may be provided without first draping the customer in accordance with the standards of the California Massage Therapy Council. Draping must cover the genitalia and female breasts.

(c) No sign or advertisement on the premises of the massage clinic may contain explicit language or graphic pictures describing sexual acts or genitalia.

(d) No sign or advertisement on any print advertisement, any video, or on the internet may contain explicit language or graphic pictures describing sexual acts or genitalia.

(Ord. 3484, passed - -1992; Am. Ord. 3518, passed - -1992; Am. Ord. 3556, passed - -1993; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

Officers of the Sheriff’s Department, the Code Enforcement Division of the Land Use Services Department, the Fire Protection District, and DEHS, and any other authorized officer of the County shall have the right to enter any massage clinic during regular business hours to make reasonable inspection to ascertain whether the requirements of this Chapter are being met, provided that such officers shall not interfere with the reasonable and normal business operations of the clinic.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

Any massage clinic operated or maintained in a manner contrary to the requirements of this Chapter is hereby declared to be unlawful and a public nuisance. The District Attorney or County Counsel may, in addition to, or in lieu of any other administrative, civil, or criminal proceedings, commence an administrative or civil action for the abatement, removal, and enjoinment of such massage clinic operation in the manner provided by law.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

(a) A license issued under this Chapter may be suspended or revoked on any of the grounds set forth in § 41.1909 or as otherwise provided in this Chapter.

(b) Upon a determination that one or more grounds to suspend or revoke a license exists, the responsible department shall cause a “notice of suspension” or “notice of revocation” to be mailed by first class, postage prepaid mail, to the notice address designated by the licensee.

(c) If a license issued under this Chapter is revoked, there shall be a six-month waiting period before:

(1) The holder of the revoked license may apply for a new license under this Chapter.

(2) Any person may apply for a license under this Chapter where such license relates to the massage clinic that had its license revoked, regardless of the current location of the massage clinic and the identity of the applicant.

(3) Any person may apply for a license under this Chapter where such license relates to massage clinic operations located in the same place as the massage clinic that had its license revoked.

(d) Following suspension or revocation, officers of the Sheriff’s Department, the Code Enforcement Division of the Land Use Services Department, the Fire Protection District, DEHS, or any other authorized officer of the County may post a notice of revocation or suspension on the premises stating the reasons for the revocation or suspension and directing that the premises be closed and/or locked, thereby prohibiting any public access.

(e) It is unlawful for any person to conduct the business of a massage clinic after a license issued under this Chapter has been suspended or revoked.

(Ord. 3484, passed - -1992; Am. Ord. 3579, passed - -1994; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

In addition to any other enforcement or remedial action authorized by this Chapter, violation of any of the requirements of this Chapter may result in the institution of a criminal action, a civil action, and/or an administrative action as set forth in Chapter 2 of Title 1 of the County Code.

(Ord. 3484, passed - -1992; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)

Any person whose application for a license or the renewal of a license under this Chapter is denied, or whose license issued under this Chapter is suspended or revoked, may appeal such action. The request for appeal must be in writing and filed with the responsible department not more than 15 calendar days following the responsible department’s deposit into the mails (first class, postage prepaid) of the notice of denial, suspension, or revocation. A hearing officer shall conduct the appeal hearing pursuant to County Code §§ 12.2700 through 12.2725, except that notwithstanding §§ 12.2700 et seq., the hearing officer’s decision shall be final and no further administrative appeal is available.

(Ord. 3484, passed - -1992; Am. Ord. 3579, passed - -1994; Am. Ord. 4115, passed - -2010; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)