San Bernardino Municipal Code Ch. 5.20 Massage Parlors - Massagists

Section

Cross-reference:

For license fees for massage parlors, see § 5.04.335

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MASSAGE. The manipulation of body tissues for remedial, hygienic or other purposes by rubbing, touching, stroking, tapping, kneading or vibrating with the hands or by an instrument.

MASSAGE PARLOR. Any massage establishment, or place of business wherein massage as to all, or any one or more of the subjects and methods listed in the definition of MASSAGE TECHNICIAN are administered or used.

MASSAGE TECHNICIAN. Any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage: the art of body massage, either by hands or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; the use of oil rubs, heat lamps, salt glows, hot and cold packs, tub, shower or cabinet baths; variations of the following procedures are employed: touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. MASSAGE TECHNICIANS shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicines or drugs.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

(A) It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a massage parlor or to render or permit to be rendered massage services at a location removed from a massage establishment within the city in the absence of a permit issued pursuant to the provisions hereinafter set forth.

(B) It is unlawful for any person or persons to engage in the practice or attempt to practice massage, whether for a fee or gratuitously, or to conduct massage without a permit issued pursuant to the provisions of this chapter.

(C) It is unlawful for any person, association, firm or corporation to operate or conduct any massage parlor which does not conform to the sanitary provisions contained in this chapter, or to employ any person as a massage operator who does not hold a permit.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the state, or to any nurse, assistant, trainee or other person administering under the immediate Cal. Business and Professions Code or any other law of this state.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

(A) Any person desiring to obtain a permit to operate a massage parlor or to perform massage services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for appropriate investigations.

(B) (1) Massage parlor. Each application shall be accompanied by a non-refundable investigative fee established by resolution of the Mayor and City Council for each owner, plus an additional non-refundable fee established by resolution of the Mayor and City Council for each massage technician.

(2) Beauty salon - accessory service. For established beauty salons holding a current business registration certificate and providing massage services as an incidental or accessory service, each application for a massage technician providing massage services shall be accompanied by a non-refundable investigative fee established by resolution of the Mayor and City Council.

(C) (1) Massage parlor. Each application shall be accompanied by a non-refundable examination fee established by resolution of the Mayor and City Council for each owner, plus an additional non-refundable examination fee established by resolution of the Mayor and City Council for each massage technician.

(2) Beauty salon - accessory service. For established beauty salons holding a current business registration certificate and providing massage services as an incidental or accessory service, each application for a massage technician providing massage services shall be accompanied by a non-refundable, examination fee established by resolution of the Mayor and City Council.

(D) A permit to perform massage services as a massage technician does not authorize the operation of a massage parlor

(E) Any person licensed to perform massage services who desires to operate a massage parlor shall separately apply for a permit therefor.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975; Ord. MC-744, passed 10-8-1990; Ord. MC-1273, passed 6-17-2008)

An applicant for a permit shall submit the following information:

(A) Full name and any alias heretofore used or currently used and current address;

(B) Fingerprints as may be required by the City Police Department;

(C) The two previous business and residence addresses of the applicant immediately prior to the current address;

(D) Written statements of at least three bona fide residents of the county that the applicant is a person of good moral character;

(E) Written proof that the applicant is over the age of 18 years;

(F) Applicant’s height, weight and color of eyes and hair;

(G) Two current photographs at least two inches by two inches in size;

(H) The business, occupation or employment of the applicant for three years immediately preceding the date of the application;

(I) Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor and any business activity or occupation subsequent to the action of suspension or revocation;

(J) All convictions and the grounds therefor;

(K) A certificate from a medical doctor designating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and

(L) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession or work of massage technician or therapist is taught. RECOGNIZED SCHOOL means and includes any school or institution of learning approved by the State Board of Education, which has, for its purpose, the teaching of the theory, method, profession or work of massage technician, which school requires a resident course of study of not less than 600 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such study or learning. Schools offering correspondence courses and not requiring actual class attendance shall not be deemed RECOGNIZED SCHOOLS. The City Clerk shall confirm that an applicant has actually attended classes and matriculated in a recognized school by requiring the applicant to submit to a written examination in massage subjects and techniques.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

No permit to conduct a massage parlor shall be issued unless an inspection discloses that the massage parlor complies with each of the following minimum requirements.

(A) A readable sign shall be posted at the main entrance identifying the establishment as a massage parlor; provided also that all such signs shall otherwise comply with the general sign requirements of Chapter 16.04.

(B) Minimum lighting shall be provided in accordance with the International Building Code, and, additionally, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being rendered.

(C) Minimum ventilation shall be provided in accordance with the International Building Code.

(D) Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.

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

(F) Closed cabinets shall be utilized for the storage of clean linen.

(G) Adequate dressing and toilet facilities shall be provided for patrons.

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

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

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

(A) Upon payment of all fees, submitting of all information required by application and upon proper inspection, a permit shall be granted, if all requirements of all departments concerned as well as those described herein are met, and unless it appears that any such applicant has deliberately falsified the application, or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude.

(B) Any person denied a permit pursuant to these provisions may appeal to the City Council in writing, stating reasons why the permit should be granted. The City Council may grant or deny the permit. The Council may also review any determination of the City Clerk granting or denying a permit on its own motion.

(C) All permits issued hereunder are non-transferable; provided, however, that a change of location of a massage parlor may be permitted pursuant to the provisions hereof.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

Every person to whom a permit has been granted shall display the permit in a conspicuous place.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

A change of location of the massage premises shall be approved by the Chief of Police; provided all general ordinances are complied with and the change of location fee of $10 is first paid.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

It is unlawful for the holder of a permit for a massage parlor to employ, use or permit any person to practice as a massage technician unless such massage technician has first obtained a valid permit pursuant to this chapter.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975; Ord. MC-460, passed 5-13-1985)

At least twice each year, an inspection of each massage parlor may be made for the purpose of determining that the provisions of this chapter are met.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

(A) No permit shall be revoked until due notice and a hearing shall have been held before the Mayor and City Council to determine just cause for revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, and shall designate the time and place where such hearing will be had.

(B) The notice shall be served upon the permit holder by delivering the same personally or by leaving such notice at the place of business or residence of the permit holder in the custody of a person over the age of 18 years. In the event the permit holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

The permit of a massage technician may be revoked upon one or more of the following grounds:

(A) That the holder is guilty of fraud or deceit in his or her being licensed to the practice of massage;

(B) That the holder is practicing massage in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of another;

(C) That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude; the conviction of a felony shall be the conviction of an offense which, if committed within this state, would constitute a felony under the laws thereof;

(D) That the holder is impersonating another practitioner of a like or different name; and

(E) That the holder has employed, allowed or permitted an unlicensed person to perform massage in his or her massage parlor.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

Every person, association, firm or corporation operating a massage parlor under a permit as provided in this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the technician administering such treatment. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this chapter.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

Any person who is actively engaged in the practice of massage in the city on the effective date of this chapter and who has practiced such profession continuously for three years or more, or has served as an apprentice continuously for three years or more at any place within the state, or has a diploma from a recognized school of massage, as defined in § 5.20.010, on the effective date of this chapter, or who is eligible for membership in the American Massage and Therapy Association (also called “A.M.T.A.”) based upon his or her experience and qualifications shall be granted a permit as a massage technician without first complying with other requirements of this chapter, except for physical conditions and adequacy of facilities, upon payment of the prescribed fee. Such person shall have one year from the effective date of this chapter to so qualify.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975)

All permits issued under the provisions hereof shall expire on January 1, 1982, and thereafter, on July 1 of each year commencing with 1983. For the period from January 1, 1982 to June 30, 1983, a renewal permit may be issued upon application to the City Clerk and payment of a renewal fee of $15. Any application for renewal must be made on or before January 15, 1982. For any renewal permits sought after June 30, 1983, a renewal permit may be issued upon application to the City Clerk and the payment of a renewal fee established by resolution of the Mayor and City Council. Any application for renewal must be made on or before July 15 of each year, commencing in 1983. In the event or failure to so apply for the renewal on or before the date specified, a person whose permit has expired shall be deemed a new applicant and shall qualify by taking the examination therefor.

(Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975; Ord. MC-118, passed 11-16-1981; Ord. MC-744, passed 10-8-1990)